y6r^^ 



F S64 jj^^sg^ j- SENATE. ] Rep. Com., 

.U5 io7i. No. 75. 

Copy 1 

CALIFORMA CLAIMS. 



IN SENATE OF THE UNITED STATES. 



February 23, 1848. 

Submittal, and ordered to be printed, and that 20,000 additional copies be prLited for the 

use of the Senate. 



Mr. Cass made the following 

REPORT: 

The Committee on Military AJfairs^ to which icas referred the 
memorial of John Charles Fremont^ praying an investigation, 
of- the claims of citizens of California against the United 
States^ for inoney and supplies furnished hy them for the use 
of the United States^ and for which the faith of the govern- 
ment is pledged, with a resolutioyi of the Senate, aicthorizing the 
comrnittee to send for ptersons and papers, reported the memorial 
with the tealimcny taken hy the committee. 



To the Senate and House of Representatives of the United States of 
America in Congress assembled : 

The petition of John Charles Fromont, a citizen of the United 

Stales, 

.Respectfully shows ; 

That, in June of the year 1846, being then a brevet captain of 
topographical engineers in the service of the United States, and 
employed as such in California, he engager! in military operations 
■with the people of the country for the establishment of the inde- 
pendence of California, before the existence of war betv/een the 
United States and Mexico was known, and was successful in said 
undertaking; the independence of California being proclaimed at 
Sonoma on the 5th day of July, and the Mexican forces routed and 
dispersed. That, immediately on hearing of the war between the 






[75] 



United States and Mexico, the jflag of independence vras pulled' 
down and that of the United States ran up in its place, and under 
this flag military service was rendered to the United States until 
the conquest was complete, and supplies obtained from the people 
mostly on credit of certificates given for them. That, after the 
conquest, a temporary government was formed; the expenses of 
which, like those incurred for military operations, are mostly yet 
unpaid, and should be paid by the United States, to whom all the 
benefits of the conquest of California has accrued. 

That in the month of October last, this memorialist, by a letter 
of that date, brought the payment of these claims to the notice of 
the Secretary of War, whose answer of the 15th of the same month, 
also herewith shown, stated the inability of the department to pay 
them in the then existing state of the laws on th^ subject,,and sug- 
gested the remedy of " special legislation.'^ For that remedy thia 
jnemorialist now applies, and for the sake of justice to the United 
States and the claimants, he asks that a committee may be allowed 
to investigate the nature and general amount of the claims, which 
can easily be done, as there are, at this time, in Washington city 
several officers of the army and navy, and many citizens of Cali- 
fornia, well acquainted with the nature of these claims, and en- 
tirely disinterested, and who can give valuable information to the 
government. 

Your memorialist states that he himself has knowledge of almost 
every transaction on which any just claim can be founded ; that 
most of them accrued under his direction ; and that he was careful 
to have certificates given, both for the f afety ol the government 
•and the claimant ; and that he always emloyepi responsible men,, 
who are ready and able, before a proper commission, to verify 
every just claim and to detect every false one. 

Your memorialist deems it due to justice, both to the United 
States and to the claimants, to have these claims audited and al- 
lowed by a commission in California, and paid there by the proper 
officers of the pay, quartermaster, and commissary department; and 
that no payments ought to be made at this place, except to claim- 
ants in their own proper person. To do otherwise would be to 
throw the claims into the hands of speculators, to the double in- 
jury both of the United States and the claimant. 

Your memorialist believes that half a million of dollars would 
pay all the just claims in California, of every kind, and defray all 
the expenses of a commission to verify them, and he could now 
give a general estimate of amounts, under the different heads, to 
justify that opinion, but deems it better to have testimony taken 
upon the subject before a committee of Congress, or of either 
House, which can now be readily done. 

Your memorialist asks for this investigation as an act of justice 
to himself, as well as for the security of the United States and jus- 
tice to the people who have given their services and property to 
the government, in order that his name may not be made a cover 
for false claims, and accounts proved against the government which 
he could either disprove himself, or point out those who could. 



3 [ 75 ] 

The memorialist avers that the people of California served the 
United States faithfully and patriotically, and deserve to be fairly 
and promptly paid for their services, sacrifices, and supplies, and 
he deems it his sacred duty (independently of his personal liabilities 
on account of the government) to bring their case fully before Con- 
gress, and use his best endeavous not only to have them paid, but 
paid in a way that will save their claims from passing for trifles 
into the hands of agents and speculators. 

Your memorialist, feeling his own reputation concerned in the 
settlement of the California claims, as well as the interest of the 
United States and the just claimants, prays that the committee 
which may be charged with this memorial, may be allowed to sum- 
mon the necessary witnesses, administer oaths to them, and take 
their testimony in writing, and report it to the House to which it 
may belong, for its consideration and preservation. 

And your memorialist, as in duty bound, will ever pray, &c. 

JOHN CHARLES FREMONT. 



Washington City, October 8, 1847. 

Sir : In the discharge of my official relations in California, as 
military commandant and governor of that territory, I incurred lia- 
bilities for which the faith of the government, as well as my own, 
were pledged, and some of which I think it absolutely necessary 
to bring to your attention. These are : 

1. The payment of the volunteers for their services during the 
war, and for supplies in arms and other necessaries furnished by 
them. 

2. Payment to citizens of that territory of money loaned to me 
liy them, required and expended in the administration of the govern- 
ment and partial payment of the troops. 

The principal amount required for payment of the troops is com- 
prised in what is due to the volunteer emigrants for services during 
the insurrection. These men, at the first call for their services, 
quitted their families, leaving them unprotected and exposed to the 
inclemencies of a rainy winter, and repaired to my camp, bringing 
T^ith them arms, ammunition, wagons, and money, all of which 
they freely contributed to the public service. These men returned 
home without money and without clothes, and the long delay of 
payment has consequently created much dissatisfaction. 

Paper given to them by properly authorized officeis, as certificates 
of service, has been depreciated by officers recently in command, 
and much of it consequently sold at one-tenth of its true value. 
As these services were rendered promptly and in good faith by all 
concerned, at a time of imminent danger to the American arms, I 
trust that the pledges made to them by myself, in my public and 
private capacity, will be redeemed, and the amount due to them be 
paid at as early a day as may suit the convenience of the depart- 
ment. For this purpose, I enclose a. brief estimate from the pay- 
master of the battalion. 



[75] 4 

Amounts of money required for civil and military purposes were 
at different times loaned to me by different individals, principally 
Mexican citizens, as the governor of the territory, acknowledged 
as such by them. The sums of money are not large, but having 
been obtained under the high rate of interest usual in that country, 
public interest is suffering by a delayed payment. 

The two subjects which I have presented for your considera- 
tion are causes of much dissatisfaction in the territory, aud I have 
thought it a matter of duty to myself, as well as to the government, 
respectfully to apply for the means of removing it. 

I am, respectfully, sir, your obedient servant, , 

J. C. FREMONT. 

Hon. Mr. Marcy, Secretary of War. 



War Department, 
Washington^ October 15, 1847. 

Sir: I have received your letter of the 13th instant, accorupanied 
by notices of protests on certain drafts drawn by you when in Cal- 
ifornia on the Secretary of State of the United States. 

I regret to inform you that I am not aware that any provision 
has been made for the payment of these claims. There is no ap- 
propriation under the control of this department out of which pay- 
ment could be m.ade of these drafts, or even of any part of them, 
in the form in which they are now presented. The services of the 
members of the California battalion, under existing laws, can only 
be paid by the paymasters, on rolls regularly made out. In anti- 
cipation that troops would be raised in California, an order was 
issued from this department for their muster, with a view to pay- 
ment. The only mode provided to pay accounts for subsistence, 
quarters, transportation, &c.,&c.,in California, now authorized by 
law, is through the officers of the Commissary and Quartermasters' 
Departments, on vouchers which can b£ passed by the accounting 
officers. Any extraordinary expenses which cannot be met by the 
revenues or collections in California, cannot be paid without spe- 
cial legislation. The same remark is applicable to the expenses of 
the temporary civil government of that country. This subject will, 
undoubtedly, be presented to the consideration of Congress at its 
approaching session, and means asked to discharge all just claims 
of this nature on the government." 

Very respectfully, your obedient servaiit, 

W.'L. MARCY, 
, Secretary of War. 

Lieut. Col. J. C. Fremont, U. S. A.^ 

Washington city. 

P. S. The protests are herewith returned. 



5 [ 75 I 

In the Senate or the United States, 

February 1, 1848. 

On motion by Mr. Benton, 
Resolved, That the Military Committee, to which has been re- 
ferred the petition of John Charles Fremont in relation to Califor- 
nia claims on the government of the United States, be authorized, 
and directed to take testimonry, written and oral, in regard to said 
claims; and, for that purpose, to summon witnesses now in or near 
the city of Washington, and to administer oaths to said witnesses, 
and take the testimony in writing; and that the committee have 
leave to employ a clerk. 

Attest: 

ASBURY DICKINS, Secretary. 



MILITARY COMMITTEE OF THE SENATE. 

February 1, 1848., 

Present: Mr. Cass, chairman, Mrj Benton, Mr. Crittenden, Mr. 
Dix, Mr. Rusk, and Mr. Davis. 

The petition of Colonel J. C. Fremont, and the letter of the 
Secretary of War, were read. 

On motion, a sub-committee of three were appointed to take tes- 
timony and report it to the committee. 

Messrs. Benton, Crittenden, and Rusk, were appointed the com- 
•mittee. 

On motion, 

Resolved, That application be made to the Senate for leave to 
employ a clerk; and, also, to summon and swear witnesses. 

The committee then adjourned until to-morrow at 10 o'clock. 



February 2, 1848. 

Present: Messrs. Benton and Crittenden. 

The following resolution of the Senate was read: 

In the Senate or the United States, 

February 1, 1848. 

On motion by Mr. Benton, 

Resolved, That the Military Committee, to which has been re- 
ferred the petition of John Charles Fremont in relation to Califor- 
nia claims on the government of the United States, be authorized 
and directed to take the testimony, written and oral, in regard to 
said claims; and, for that purpose, to summon witnesses now in or 
near the city of Washington, and to administer oaths to said wit- 
nesses, and take the testimony in writing; and that the committee 
have leave to employ a clerk. 

Charles A. Whitney was appointed clerk. 



[ 75 ] fc 

The following witnesses appeared, being preyiously summoned 
by the Military Committee: 

Lieutenant Colonel John Charles Fremont; Colonel William H. 
Russell, Missouri; Colonel Joseph Childs, California; Captain 
Samuel Hensley, California; J. R. Wilson, U. S. navy; Captain Ar- 
chibald Gillespie, U. S. M. C; Ca},tain Richard Owens, Missouri; 
Risdon Moore, Illinois; L. D. Vincenthaler, Missouri; Alexander 
Godey, Missouri; Marion Wise, Missouri; Thomas Breckenridge, 
Missouri, Jerome C. Davis, Missouri; Joseph Ferguson, Missourij 
Eugene Russell, Mis'souri; Frank Ward, California. 

The committee then adjourned until to-morrow morning at 10 
o'clock. 



SUB-COMMITTEE ON MILITARY AFFAIRS OF THE SENATE, 

February 3, 1848. 

The committee met pursuant to adjournment. 

Present: Messrs. Benton, Rusk, and Crittenden, 

At the desire of Mr. Rusk, Mr. Benton read the general points 
contained in the petition of Colonel J. C. Fremont. 

Ordered by the committee^ That the witnesses be instructed to 
testify, so far as their knowledge goes, to the nature and amount of 
the claims, and to their origin, under the revolutionary movement 
for independence, before the war broke out between the United 
States and Mexico, and those which occurred afterwards; and that 
each of the witnesses as know the facts testify to the origin and 
character of the revolutionary movement for independence, with 
the causes and consequences of it, as connected with future opera- 
tions of the United States for the conquest of California. 

The committee then adjourned until Saturday next, February 5, 
1848. ^ ' 



«UB-COMMITTEE ON MILITARY AFFAIRS IN THE SENATE OF THE 
UNITED STATES, 

February 5, 1848. 

Present: Messrs. Benton and Rusk. 

On motion. 
Colonel Fremont presented and read his written statement in 
regard to the California claims. 
On motion. 
Captain Gillespie presented and read his written statement in re- 
gard to California claims. 

On motion by Mr. Benton, 
The clerk was authorized to make out a summons for the appear- 
ance of Lieutenant George Minor, to give testimony in the case now 
before the committee. 



7 [ 75 ] 

On motion, 
Colonel William H. Russell presented and read his statement. 

On motion, 
Captain Samuel Hensley presented and read his statement. 

Captain Hensley questioned by the Committee. 

Question. As you were commissary and quartermaster, and there- 
'fore intimately acquainted with the supplies obtained by the troops, 
and with the general expenses of the whole conquest of California, 
from the beginning, under the flag of independence in the north, to 
the suppression of the insurrection at Los Angelos in the south, 
you can form an opinion of the whole sum which the just claims 
upon the United States would amount to. Will you please state 
that amount? 

Captain Hensley'' s Answer. 

Previous to leaving the City of Angels, Major Reading, actini- 
as paymaster, and myself made an estimate of the amount due ia 
that country. From the best information which we could obtain, 
■we made the total amount seven hundred thousand dollars. Major 
Reading was operating in the north with Colonel Fremont and my- 
self with Commodore Stockton in the south. 

The committee then adjourned until Monday next, February 7, 
1848. 



SUB-COMMITTEE ON MILITARY AFFAIRS IN THE SENATE OF THE 

UNITED STATES, 

February 7, 1848. 

Ths committee met pursuant to adjournment. 
Present: Messrs. Benton and Rusk. 

Captain Gillespie questioned. — His answer to be submitted wt 

writing. 

Question. You speak of having joined Captain Fr6mont on the 
Tlamath lake, in the beginning of May, 1846. Will you please 
state whether you M^ere charged wnth any message or mission frora. 
the government to Captain Fremont; and, if so, what it was? 

The clerk was then requested to give each witness a written form 
of the following question: 

Did you know •r understand, from credible report, that the Cali- 
fornian authorities were granting or selling the national domain, or 
missions, and on what terms; and what effect, if any, the revolu- 
tionary movement may have had in stopping these sales and grants! 

The committee then adjourned, to meet on Wednesday, the 9th. 
February, at 10 o'clock, a. m. 



[75] B 

SUB-MILITARY COMMITTEE OF THE SENATE OF THE UNITED STATES, 

February 9, 1848. 

Present: Messrs. Benton and Rusk. 

Colonel Fremont presented papers taken by him from the Caii- 
fornian authorities, which being interpreted, reveal the design or 
said authorities to grant a large tract of land to an Irish priest, (by- 
name Macnamara,) for the purpose of colonization, &c., &c. 

The papers were read by Mr. Benton, and ordered to be copied 
hy the clerk. 

Captain Gillespie then presented and read his written answer to 
questions propounded to him on Monday, the 7th instant. The fol- 
lowing witnesses also presented their written answers to questions 
propounded to them on Monday, the 7th instant: 

Captain Samuel J. Hensley, J. K. Wilson, Thomas E. Brecken- 
ridge, Frank Ward, L. D. Vincenthaler, Colonel Childs, Marion 
Wise, R.Owen, Colonel William H. Russell, J. C. Davis, A. Godey, 
R. E. Russell. 

The clerk was then authorized to make out a summons for Dr. 
John Baldwin to appear before the committee to answer interroga- 
tories touching the case now before the committee. 

The committee then adjourned until to-mortbw morning at 11 
©'clock. 



SUB-MILITARY COMMITTEE OF THE SENATE, 

February 10, 1848. 

Present: Messrs. Benton and Rusk. 

Risdon Moore presented his written statement in answer to ques- 
tions propounded to him by the committee on the 7th February. It 
■was read and filed. 

J. K. Wilson presented his general statement. It was read and 
filed. 

J. K. Wilson was desired by the committee to make out a written 
statement of facts relating to Eugene Macnamara, a Catholic priest 
and apostolical missionary to California. 

Josiah Ferguson then presented his statement in answer to ques- 
tion propounded on the 7th February. It was read and filed. 

The following question, to be answered in writing, was then pro- 
pounded to Colonel William H. Russell: 

Question. Do you know whether any considerable number of the 
American emigrants to Sacramento joined the California battalion, 
and under what circumstances of disadvantage and sacrifice to them- 
selves, and how far the said battalion was influential in terminating 
the war? 

Dr. John Baldwin then made his appearance before the commit- 
tee, and, at the desire of the committee, gave a general oral state- 
ment of facts pertaining to the case before the committee; which 
statement he was requested to submit, together with answers to the 
following questions, to the committee in writing: 



9 [ 75 ] 

Question to Dr. Baldwin. 

Are you much acquainted in Mexico, and were you in the city 
of Mexico since the occupation of the same by the American troops; 
and if so, did you see or hear of the priest Eugene Macnamara, and 
of his application for a grant of land in California, and of the 
footing on which he stood with the principal British subjects, 
agents, and authorities in Mexico? 

Question. What power, since the obstruction of the federal consti- 
tution in Mexico, has the authority to dispose of the public domainl 

Question. Is that power taken away from the States or depart- 
ments'? 

Question. How is what is called the executive council in Mexico 
appointed; and what is the general power of that council over the 
legislature and judicial department of the Mexican government? 

The committee then adjourned, to meet at 10 o'clock, a. m., Feb- 
ruary 11, 1848. 

SUBSCOMMITTEE ON MILITARY AFFAIRS OF THE SENATE, 

February 11, 1848. 

Present: Mr. Benton. Colonel Fremont and Captain Hensley, 
were requested to answer the following questions: 

Question. Over what extent of country do you think there were 
transactions out of which claims may justly arise? And at what places 
do you think a commissioner or commissioners should sit for the ad- 
judication of claims, so as to have the whole examined in the short- 
est time, and the business closed up? And what length of time do 
you think it would require for a commissioner or commissioners 
acquainted with the country and with prices, and with the general 
nature of the claims, to audit and adjust the same? 

Colonel Fremont, Colonel Childs, and Captain Hensley's answer. 
The extent of country over which there were transactions which 
would give rise to claims, would be about twelve hundred miles 
from north to south, reckoning from Sonom.a and the northern set- 
tlements of the Sacramento to San Vincente, the old capital of 
lower California. The proper places at which to examine and ad- 
judicate the claims, would be the following: 1st. New Helvetia. 
2d. Sonoma. 3d. San Francisco. 4th. Pueblo de San Jose. 5th. 
Monterey. 6th. San Luis Obispo. 7th. Santa Barbara. 8th. Ciudad 
de los Angelos. 9th. San Diego. 10th. San Vincente. 

Nine months or a year would probably be the shortest time which 
would be required for a commissioner or commissioners to examine 
and adjust the claims; and we further believe that justice to the claim-- 
ants and the interest of the government, make it expedient that the 
commissioner or commissioners should be acquainted with the coun- 
try and with the general nature of the claims, in order rightfully 
to audit and adjust the same. / 

J. C. FREMONT, 
SAML. J. HENSLEY, 
J. B. CHILDS. 

The committee then adjourned until to-morrow morning at 10 
o'clock. 



£75] 



W 



SUB-MILITART COMMITTEE OF THE UNITED STATES SENATE, 

February 12, 1848. 

Present: Messrs. Benton and Rusk. 

Question to Mr. Frank Ward. 

Question. What time did you arrive in California? 

Answer. On the 30th of July, 1846. 

Question. What grants do you speak of as being made three days 
before Commodore Sloat hoisted the flag? 

Answer. A grant to the Hudson's Bay Company in the town of 
San Francisco, and some mission property. 

Question. When was the flag hoisted by Commodore Sloat? 

Answer. The 7th of July, 1846. 

Question. Do you know of the rates at which bills were selling 
while you were at California, and what per cent, was paid for 
money? 

Answer. Government has paid from 12 to 20 per cent, on bills of 
the United States, and it is my impression that there has been paid 
as high as 25 per cent. The legal interest for money in California 
is 2 per cent, a month, and 3 per cent, a month is very often paid. 

The committee then ordered that Purser Dangerfield Fauntleroy 
be summoned to appear before the committee, on Monday next, 
February 14, 1848. 



SUB-MILITARY COMMITTEE OF THE SENATE, 

February 14, 1848. 
Present: Messrs. Benton, Rusk, and Crittenden. 

Questions to Mr Dangerfield Fauntleroy. 

Question. Were you a purser in the United States Navy, on the 
California station, within a few years past; and, if so, can you state 
at what rate money was raised there on governmentbills; and also, 
•what was the rate of interest on money in California during the 
time you were there? 

Question. What do you deem the best way for the government to 
place seven or eight hundred thousand dollars in upper California, 
to pay out there to those who have performed military service, or 
furnished supplies to the troops in the service of the United States'? 

Answers to be given in writing. 

The committee then adjourned, to meet on Wednesday, February 
16, 1848. 



SUB-MILITART COMMITTEE OF THE SENATE, 

Wednesday, February 16, 1848. 

Mr. Benton being present, the committee adjourned until to-mor- 
Tow morning, at 10 o'clock, February 17, 1848. 



i 



11 [ 75 ] 



MILITARY COMMITTEE OF THE SENATE, 

February 17, 1848. 

Present: Mr. Cass, chairman; Messrs. Benton, Crittenden, Dix, 
Badger, Davis. 

The depositions of Colonel Fremont, Captain Gillespie, Captain 
Hensley, and Dr. Baldwin, were read before the committee. 

The committee then adjourned until Saturday morning, at 10 
©'clock. 



MILITARY COMMITTEE OF THE SENATE, 

Saturday, February 19, 1848. 

Present: Mr. Cass, chairman; Messrs. Benton, Dix, Davis, 
Badger. 

The remainder of the testimony in relation to California claims was 
read before the committee. A part of the depositions were sworn to 
and subscribed to before the chairman. Their accounts for attend- 
ance before the committee were then ordered to be made out and 
settled. Said witnesses were then discharged from further attend- 
ance before the committee. 

The committee then adjourned, to meet on Monday morning next, 
at 10 o'clock. 



MILITARY COMMITTEE OF THE SENATE, 

February 21, 1848. 

Present: Mr. Benton. 

A quorum not being present, the witnesses were desired to appear 
Before the committee to-morrow morning, at 10 o'clock, February 
2.2, 1848. 



MILITARY COMMITTEE OF THE SENATE, 

February 22, 1848. 

Present: Mr. Cass, chairman; Messrs. Benton, Rusk, Davis, Dix. 

The remaining number of witnesses not discharged were called, 
their depositions sworn to, their accounts ordered to be made out, 
at two dollars per diem, and settled. The witnesses were then dis- 
charged from further attendance upon the committee. 

The committee then ordered that the testimony be arranged for 
printing. 

The committee then adjourned. 



[75] m 

Deposition of John Charles Frimont. 

This deponent, in conformity to the intimation of the committee^ 
■will consider the California claims under two divisions, those ac- 
cruing under the first movement for independence, before the war 
■with Mexico was kno-wn in California, and those arising after the 
flag of the United States was raised. It is very proper so to con- 
sider themj for although the United States, as receiving all the fruits 
of the movement for independence, is as justly bound to pay the 
expenses of that movement as of the operations after\vards carried 
on linder her own flag, yet the first movement, having been without 
expressed authority from the United States, and revolutionary in 
its character, it is entirely proper, as intimated by the committee, 
that the nature and origin of that movement should be known. 

The movement for independence was one of self defence on the 
part of the American settlers in that part of California, and of the 
topographical party in the service of the United States, of which 
this deponent then had the command. 

This deponent, with a topographical party, had left the United 
States in the spring of 1S45 on his third expedition of exploration, 
and to avoid difficulties with the Mexican authorities in California, 
left that province for Oregon early in the spring of 1846, and in 
the beginning of May had reached the north em\ of the great 
Tlamath lake, which lake is cut by the parallel of 42°, so that he 
was then in Oregon. His progress further north was then barred 
by hostile Indians and impassable snowy mountains, and he was 
meditating some change in his route, when, late in the evening of 
the 8th of May, two horsemen came up to our camp. One was 
Samuel Neal, formerly of my topographical party. He informed 
me that a United States officer was on my trail, with de- 
spatches for me, whom he had left two days behind with a small 
escort, but doubted whether he would ever reach me on account of 
the dangers from the Indians. On the morning of the 9th, I took 
nine men, four of them Delaware Indians, travelled down the west 
side of the lake about sixty miles, and met the party that evening. 

That officer was Lieutenant Gillespie, of the marines. 

He brought me a letter of introduction from the Secretary of 
State, Mr. Buchanan, and letters and papers from Senator Benton 
and his family. The letter from the Secretary was directed to me 
in my private or citizen capacity, and, although importing nothing 
beyond the introduction, accredited the bearer to me as coming 
from the Secretary of State, and, in connexion with the circum- 
stances and place of its delivery, indicated a purpose in sending it 
which was intelligibly explained to me by the accompanying letter 
from Senator Benton, and by communications from Lieutenant Gil- . 
lespie. This officer informed me that he had been directed by the 
Secretary of State to find me, and to acquaint me with his instruc- 
tions, which had for their principal objects to ascertain the dis- 
position of the California people, to conciliate their feelings in 
favor of the United States, and to find out, with a design of coun- 
teracting, the designs of the British government upon that country. 



13 [75] 

These communications, and the dangers of my position, (three 
men were killed in out camp the night Lieutenant Gillespie de- 
iirered his letters,) induced rae, after returning to my party at the 
north end of the lake, to turn back to the valley of the Sacra- 
mento. Arrived there, information was received that Gen. Castro 
was then raising forces and exciting the Indians both against the 
settlers and the small party under the command of this deponent, 
upon the unfounded pretext of an intended insurrection by them 
against the Mexican government in California. Upon his own 
view of the dangers of their situation, and the earnest applications 
of the settlers, this deponent joined them wath his party, and, 
(what they deemed of great moment,) his name as an Ameircan 
officer, in the month of June, 18-16, and by the 5th day of July the 
movement was so far successful that a declaration of independence 
was made on that day at Sokoma, and the whole country north of 
the Bay of San Francisco, being freed from Mexican power, this 
deponent, at the head of 160 mounted men, principally American 
settlers, sat out to go round by the head of that bay to attack Gen. 
Castro on the south side of the bay. While proceeding against 
Gen.'Castro, authentic information was received that, on the 7tli 
of July, Commodore Sloat had taken posseFsion of Monterey, and 
hoisted the American fiagj upon vrhich the flag of independence was 
immediately hauled down, and that of the United States ran up; 
and under the flag of the United States all subsequent operations 
were carried on. 

I came down to Monterey with my command, upon the request 
of Commodore Sloat, to co-operate with him; and immediately on 
my arrival waited upon him, in company with Lieutenant Gillespie, 
on board the frigate Savannah. Commodore Sloat appeared un- 
easy at the great responsibility he had assumed. He informed rae, 
that he had applied to Lieutenant Gillespie, whom he knew to be 
an agent of the government, for his authority, but that he had de- 
clined to give it. He then inquired to know under what instruc- 
tions I hat! acted in taking up arms against the Mexican authori- 
ties. I informed him, that I had acted solely on my own respon- 
sibility, and without any authority from the government to justify 
hostilities. Commodore Sloat appeared greatly disturbed with this 
information, and gave me distinctly to understand that in raising 
the fl.ag at Monterey, he had acted upon the faith of our operations 
in the north. Commodore Sloat soon relinquished the command 
to Commodore Stockton, who determined to prosecule hostilities 
to the complete conquest of California. He proposed that Lieu- 
tenant Gillespie and myself should serve under him, with all the 
force we could get; which we agreed to, our men doing the same, 
as Commodore Stockton so fully testified before the court martial; 
and from that time forward, all my operations were carried on un- 
der the orders of Commodore Stockton, or by virtue of commis- 
sions bestowed by him. I was appointed by him major of the 
California battalion, afterwards military commandant of California, 
and afterwards governor and commander-in-chief in California; 



[75] 



M 



and under all these appointments expenses were incurred, whida 
remain to be paid. 

Commodore Stockton reported to the government all these ap- 
pointments that he gave me, and our success in conquering the re- 
mainder of California in the summer of 1846, and suppressing the 
insurrection during the winter, which broke out in the south in the 
month of September; he also gave an account of it before the 
court martial. Commodore Sloat reported also my coming down 
to Monterey, and our success in freeing the northern part of Cali- 
fornia from Mexican power, and the retreat of General Castro 
towards the south, flying, as he correctly said, before Fremont. 

The fruits of the revolutionary movement thus passed to the 
United States, and have remained with her ever since. These 
fruits were very considerable. Besides the peaceable possession 
of all the northern part of California, and the actual force in the 
field under the independent flag, which immediately went into ser- 
rice under the United States, there is good reason to believe, and 
evidence now at hand to sustain that belief, that the revolutionary 
movement prevented a design of the Californians to put theit coun- 
try under the flag of the British, and also prevented the comple- 
tion of the colonization grant of three thousand square leagues to 
Macnamara, who was brought to California in the British sloop 
of war Juno, in the month of June, 1846. Admiral Seymour, in the 
Collingwood, of 80 guns, arrived at Monterey on the 16th of July. 
Macnamara was on board the Collingwood when I arrived at 
Monterey on the 19th, and was carried away in that vessel. The 
taking possession of that place on the 7th had anticipated him, and 
the revolutionary movement had checked the designs of the Cali- 
fornians to place the country under British protection; and also 
prevented the fulfilment of the great grant to Macnamara, the ori- 
ginal papers of which I now have here, to be shown the committee 
and to be delivered up to the government. Testimony now here^ 
or near at hand, can be had to these points, namely: Captain Gilles- 
pie, Messrs. Childs and Hensley, Lieutenant Minor, of the navy, at 
Fredericksburg, Virginia, and the reports of the United States con- 
sul at Monterey, Mr. Larkin. 

This deponent now states the general nature and probable 
amount of the claims arising under these operations, which he es- 
timates in round numbers as follows: 

From 3,000.to 4,000 horses, averaging thirty dollars each, 

say $120,000 

3,000 head of cattle, averaging $10, say 30,000 

1,000 saddles, bridles, spurs, and horse equipments, ave- 
raging $60 eOjOOO 

400 rifles, at $30 each 12,000 

Drafts protested and obligations, including damages and 

interests, say 50,000 

Claims for provisions taken, and damages at San Pedro 
and Los A7i g el esj examined and allowed by a commis- 
sions before I left California , 29,584 



15 [ 75 ] 

Provisions and supplies, to wit: flour, grain, coffee, sugar, 
vegetables, and other small items, to wit: sheep, wagons, 
gears, damage to ranchos, say 100,000 

Services of the California battalion, say 100,000 

These are mere conjectural estimates made from general knowl- 
edge, not pretending to the accuracy of estimates upon data. 

The above expenses were for near about one year of time, and 
almost every thing obtained was without money; the whole amount 
of which furnished to me by Commodore Stockton, from naval 
funds, was $20,004, (of which $10,004 on a requisition for $20,004,) 
and $2,199 in funds and stores, from Captain Montgomery, of the 
Portsmouth sloop-of-war. For a part of the supplies certificates 
or receipts were given; this was when the supplies were obtained 
from friends, or from inhabitants of the country who gave up what 
was wanted for carrying on the war. Other parts were taken from 
the enemy, or from the insurgent or inimical population. I know 
almost every transaction myself, or I know those who do know 
them, so that I would be able to verify, or have verified every just 
account, and be able to detect every unjust one. 

The above estimate includes claims not arising under my com- 
mand, but is intended to provide for all, whether arising from the 
immediate orders of Commodore Stockton, or from his command 
through others, or from Captain Mervine, Captain Montgomery, 
and other naval or military officers engaged in the con-quest of 
■California. About half a million of dollars is my general esti- 
mate of the amount required, but I think $600,000 should be ap- 
propriated to cover unforeseen items, or errors in the estimate. 
That sum would be very small for the services rendered, as the 
naval forces, and the inhabitants of the country and the California 
battalion, conquered the country for the United States before the 
New York regiment and other troops, destined to make the con- 
quest, arrived there. 

I offer, as corroborating testimony, the following letter of Mr. 
Thomas O. Larkin, the United States consul at Monterey, dated 
May 30, 1847, addressed to General Kearny on the eve of his de- 
parture from that place, and intended to be shown to the President, 
and to make known to him the merit of the California battalion 
and the inhabitants of California, in carrying on the war upon 
their own means, and at great sacrifices, and the urgent necessity for 
paying their claims. The letter I offer is a copy from the original, 
given to me ^by Mr. Larkin himself, and was by him made known 
at the time to Captain Gillespie as well as to myself. I believe it 
to be substantially true, and offer it as a corroboration of my state- 
ment. , 

J. C. FREMONT. 

Sworn' to and subscribed before me, this 28th Februry, 1848. 

LEW. CASa» 



[ 75 ] 16 

Question to Colonel Fremont. 

Did you know, or understand from credible report, that the Cal- 
ifornian authorities were granting or selling the national domain or 
the missions, and on what terms — and what effect, if any, the revo- 
lutionary movement had in stopping these grants or sales'? 

•I did understand from credible report that the Californian author- 
ities were granting and selling the missions and other public do- 
mains. In some cases . these lands were so conveyed simply as 
grants, in others as reward for services rendered to the govern- 
ment, and in others for amounts of money that had been advanced, 
or were to be paid to the government. I understood that in this 
way nearly all the missions south of San Louis Obispo, the mission of 
San Raphael in Sonoma, and some of the large islands on the coast 
were granted. I understood that many of these grants were hastily 
made, without the usual legal forms, and wanting the usual formali- 
ties; and I understood from citizens of the country, such as Don 
Abel Stearns, of the Pueblo de los Angeles, that these mission grants 
were illegally made, and ought not to be considered valid. I saw 
in the public archives deeds and titles of some of the lands which 
were so conveyed av;ay by the government of the territory. Among 
them were the following, viz: 

1. The Mission of San Galriel, granted on the 8th of June, 
1846, to Julian Workman and Hugo Reid, (English subjects.) 

2. The Mission of San Rafael, to Julian Workman and Francisco 
Plinio Temple, on the 8th of June, 1846. 

3. T4e Island of Sa7i Clemente, granted about the middle of 
May, 1846, to Julian Workman and Andres Pico. 

4. Bird Island, granted on the 3d of June, 1846, to Julian Work- 
man. 

6. San Mateo, (part of the Mission of Dolores,) granted in" the 
month of May to Cayetano Arenas. 

7, Mission cf San Luis Bcy^ granted (I believe) in the month of 
June, 1846, to Senor Cot. 

I submit the following extract from a deed given by Governor 
Pico under date of June 8th, 1846, to Julian Workman and Hugo 
Reid, of the Mission of San Gabriel. A copy of the deed is con- 
tained in a letter now in my possession from Mr. Reid to Commo- 
dore Stockton, The words of Governor Pico are: 

" Authorized beforehand by the most excellent assembly of the 
department to dispose of the missions for the payment of their 
debts, and avoiding of the total ruin of them, as well as to propor- 
tion resources that may serve for the general defence in- case of a 
foreign invasion, which according to recent dates is not far off," 
etc., etc., etc. 

The facts ^ibove narrated, with many attending circumstances, led 
me to believe that the authorities of California designed to create as 
large as possible a British interest in the country, or in other words, 
to convert, v\'^herever it could be done, public or Mexican property in 
California into British property. These things were mostly done 
hurriedly, and mostly at the same fixed period of* time, and taken 
in connexion with my collision with the authorities in March, '46,. 



17 [ 75 ] 

and the deciaration of the same authorities that I had come into 
the country to excite a revolt, and the disposition shown by the 
American settlers in offering to aid me, and the consequent pro- 
ceedings against them, further led me to believe that the action of 
the authorities was influenced by apprehension of danger from the 
Americans. I believe that the action of the authorities in the grant 
to Macnamara was precipated by the revolution in the north. 

J. C. FREMONT. 



Monterey, California, May 30, 1847. 

Sir: Your departure for Washington suggests to me the neces- 
sity of calling your attention to the pecuniary affairs of the natives 
of this territory, and of our own countrymen, relative to the trans- 
actions with the officers of the battalion of California mounted rifle- 
men, under the command of Lieutenant Colonel J. C. Fremont, 
United States army. 

In July, 1S46, Commodore Stockton, in the Congress, w^ith 
his own crew, and Lieutenant Colonel Fremont, in the Cyane, 
with about one hundred and seventy American riflemen, left this 
port to take possession of the southern ports of L^pper California^ 
they had complete success by the middle of August. 

In October following, the Mexicans and Californians, as you are 
aware, rose and took some of the towns. This caused Commodore 
Stockton to again visit them in arms by sea, and Lieutenant Colo- 
nel Fremont by land, with about live hundred American mounted 
riflemen. This last.expedition was in one of the most inclement win- 
ters, which caused much trouble and expense, and the death of many 
horses, crossing the mountains to the Pueblo of the Angels; also, 
much hardship in the advances made, and services performed, 
in conducting the conquest and reconquest of California. This 
now causes, against our government, claims which remain unpaid. 
The claimants made their advances, and performed their services, 
with good will and readiness, which our government will always 
find among our citizens; they had every reason to expect that their 
demands would be approved of and paid by the United Slates gov- 
ernment. For some reason this has not been done, and the distress 
caused to the merchants is too plainly visible, in their having to 
pay 2 per cent, per month on their borrowed money. 

Emigrants who, in October and November, 1846, arrived here, 
singly and with families, with scarcely more than arms and ammu- 
nitions, wagons, oxen, mules, and harness, came forward and lent 
or sold this little all to fight for their country, and secure California 
to the United States and make a home for themselves under our 
flag, as well as those who may come after them. The crush of their 
hopes, their ow^n poverty — some of them even returning to their 
families on the Sacramento without decent clothing — are the sor- 
rowful results. As regards the claimants of the campaign, you are 
fully informed of. 
2 



[75] 



18 



California, is now enjoying the fruits of peace and increased 
commerce, and all the blessings our flag carries with it/ You have 
seen all this, and must feel a hope and anxiety that we shall thus 
continue to enjoy these advantages. I would, therefore, press on 
you the importance of having an early interview with President 
Polk, and lay the case and situation of California before him, urg- 
ino- his immediate action in the premises. I feel sure that such 
appropriation as our President may require will be cheerfully 
p-ranted by Congress to him, and responded to by the country at 
large. 

With the hopes that you may find your family in health, I am, 
most respectfully, your obedient servant, 

THOMAS O. LAPvKIN. 

The foregoing is a correct copy of the letter sent to General S. 
W. Kearny. 

THOMAS O. LARKIN, 
Per EDW. L. STETSON. 

The following extract from a letter of Mr. Thomas O. Larkin to 
Mr. Buchanan, Secretary of State, dated at Monterey, Upper Cali- 
fornia, June 1, 1847, shews that the origiifal of the foregoing letter 
was intended to be shewn to the President to draw his attention to 
the meritorious services of the California battalion, and of the 
people in supplying them, and enforcing the justice and policy of 
immediately paying them. 

" Every thing, as regards the natives, is quiet; but the greatest 
excitement prevails throughout California relative to the payment 
of the debts created by the California battalion. We are laughed 
to scorn by the Californians, for the many promises made and broke 
to merchants, traders, and riflemen, who supported the battalion of 
Lieutenant Colonel Fremont. Commodore Stockton and Colonel 
Fremont have now superior officers in California, and from this 
reason, or some other, the greatest confusion relative to money 
affairs prevails in this territory. I have seen the prime of the 
last emigration travelling from the south to the Sacramento; some 
of them almost in rags, having spent their services, and sold their 
guns and wagons to government, for which they now suff"er. I have 
given General Kearny a statement of facts, and have requested him 
to have an interview with the President on this subject." 



. 19 [ 75 ] 

Translation of the pajjers found among the government archives^ hy 
Lieutenant Colonel Fremont^ at Los Angeles, iii Upper Califor- 
nia, and referred to in his deposition; the originals in Spanish^ 
brought home to the United States to be delivered to the govern- 
menty and printed in the appendix to the report of the commit- 
tees^ proceedings. 



A. 

TRANSLATION. 
[This paper has no date. It is marked at the top, No. 1.] 

I, Eugenio Macnamara, Catholic priest and apostolical mis- 
sionary, take the liberty of submitting to your excellency some 
reflections on a subject which at this time attracts much public 
attention. I allude to the expectations and actual condition of 
Upper California. 

It does uot require the gift of prophecy to foresee that, within a 
little time, this fertile country will cease to be an integral part of 
this republic, unless some prompt and efficacious measures be 
adopted to i;estrain foreign rapacity. The immediate question that 
presents itself, is, What are the speediest and most secure means 
of avoiding such a calamity? The unanimous voice of the country 
responds colonization. The second question is, Where shall we 
find the colonists, who possess all the necessary qualities, for an ob- 
ject so desirable ? Certainly not in Mexico, and as little in any of its 
dependencies, which are so thinly peopled. We have then naturally 
to recur to Europe, which abounds with an excess of population. 
What people of this ancient continent is best calculated for the 
end of colonization — best adapted to the religion, character, and 
temperament of the inhabitants of Mexico 1 Emphatically I an- 
swer the Irish — they are devout Catholics, moral, industrious, sober. 
and brave. 

For this reason I propose, with the aid and approbation of your 
excellency, to carry forward this project, to place in Upper Cali- 
fornia a colony of Irish Catholics. I have a triple object in 
making this proposition. I wish, in the first place, to advance the 
cause of Catholicism. In the second, to contribute to the happi- 
ness of my countrymen. Thirdly, I desire to put an obstacle in 
the way of further usurpations on the part of an irreligious and 
anti-Catholic nation. I, therefore, propose to your excellency 
that there be conceded to me, an extent of territory on the coast 
of Upper California, for the purpose I have indicated. 

I would prefer, with the permission of your excellency, to place 
the first colonists on the bay of San Francisco. Your excellency 
will agree with me that this would be a proper step, when it is 
remembered that the Americans have possession of Bodega, a port 
abandoned by the Russians, situate a little to the north of San 
Francisco. I should bring, for a beginning, one thousand families; 



[75] 



20 



afterwards, should it appear well to your excellency, I would 
establish a second colony near Monterey, and a third at Santa 
Barbara. By this means, the entire coast (by which most danger 
is to be expected) would be completely secured against invasions and 
pillages of foreigners. For each family that I bring, I will require 
the land that composes *' one sitio de ganado mayor" (a square 
league, containing 4,428 acres) to be given free of all cost; like- 
wise, that the children of the colonists, when they marry, shall 
receive a half sitio (2,214 acres) as a national gift. 

I should require, likewise, an exemption from the payment of all 
classes of contributions for a certain number of years; that the 
colonists, on taking possession of their lands, shall consider them- 
selves under the protection of the government, and shall enjoy all 
their rights. 

Thera are other points of less importance, which I do not touch 
upon now, as they can be discussed to more advantage hereafter. 

I have the satisfaction to be able to say, that these propositions 
have received the fullest approbation of the most illustrious arch- 
bishop, the venerable head of the church in thi-^ country. 

This project which I lay before your excellency ought to be 
effected on an extended and liberal footing, in order to be posi- 
tively beneficial to the country. 

Thus, in a few words, I have manifested my opinion. on this im- 
portant subject, and have presented some ideas pertinent to itj 
which, if generously carried into effect, may dispense happiness to 
many, and, in the end, tend to the consolidation and integrity of 
this great republic. 

I have the honor to be, very respectfully, your excellency's 
most obedient servant, 

EUGENIO MACNAMARA. 

To the most Excellent 

Senor President of the Republic of Mexico. 



B. 

TRANSLATION. 
[This paper has no date : It is marked, No. 2.] 
By the hesitation of the supreme government to enter immedi- 
ately on the question of establishing an Irish colony in California, 
it appears that the principal and only objection to fulfilling the 
enterprise, is the difficulty of obtaining sufficient pecuniary means 
to pay the expenses of transporting the colonists to the place of 
their destination. 

This objection appears to be sufficiently well-founded; but I 
think I shall be able to show to your excellency, in a few words, that 
it is very easy to overcome, and that the object may be realized 
wdthout the government finding it necessary to expend a single 
dollar. 

I beg your excellency to be pleased to take into consideration 



21 . [75] 

what I have before expressed, I believe sufficient, to obtain the 
money necessary for the transportation of the colonists. In the first 
place, there are in my country many fathers of families, who, after 
selling the littlg land they possess, their cattle, furniture, &c., 
would be able to command two hundred to three hundred dollars, 
with which sum they would have nearly enough to cover the ex- 
penses of the voyage and of their families. But as it will be 
necessary to convey many other families, who lack the means for 
paying the expenses of their transportation, such as priests, physi- 
cians, mechanics, young women, &c., it will be necessary to obtain 
money for the purpose; and I am of opinion that, if the supreme 
government should assign me in California a quantity of land suf- 
ficient to hypothecate, I would be able to obtain money in my own. 
country upon the land. 

I believe, in the second place, that the supreme government 
should agree to cede me, for a certain period of time, for the use of 
the colonists, the duties on importations of the port of San Fran- 
cisco. This last proposal may be conceded more readily, inasmuch 
as the supreme government does not receive much benefit from the 
duties of importation at that port. 

In this manner I believe I have shown to the most excellent Seiior 
President, in a few words, resources easy to be realized, and with 
which may be set aside all the objections that are presented, as I have 
demonstrated at the beginning, without the government being com- 
pelled to make any expenditure. 

Your excellency will excuse me, that I take the liberty further 
to demonstrate that no time ought to be lost in this important af- 
fair, if it is desired to be realized, since your excellency knows 
well enough that we are surrounded by an artful and base enemy, 
who loses no means, however low, to possess himself of the best 
territory of this country, and who abhors to the death its race and 
its religion. 

If the means which I propose be not speedily adopted, your ex- 
cellency may be assured that, before another year, the Californias 
will form a part of the American nation. Their Catholic institu- 
tions will become the prey of the Methodist wolves, and the whole 
country will be inundated with the cruel invaders; whilst I propose 
the means of repelling them, my propositions ought to be the more 
admissible, inasmuch as I have no personal interest in the affair, save 
the progress of the holy religion of God and the happiness of my 
countrymen. 

As for the fidelity and adhesion of these to the Mexican govern- 
ment,! answer with my life; and according as may be drawn a suf- 
ficient number of colonists, (at least ten thousand men,) I am of 
opinion, and may assure with certainty, that this number will be 
sufficient to repel at the same time the secret intrigues and the open 
attacks of the American usurpers. 

I have the honor to be your excellency's most respectful and 
obedient servant, 

EUGENIO MACNAMARA, Jipos. Miss. 

To the most excellent 

Senor President of the Republic of Mexico. 



[75] 



c. 



[Translation of paper, marked No. 3.] 

Ministry of Foreign Affairs, Government .and Policy. 

Mexico, January 19th, 1846. 

Havirifr heard the opinion of the council on the project of colo- 
nization in California, presented by you to the supreme government^ 
the government, in accordance with the opinion of that body, has 
determined, that in view of the necessity which exists for some ef- 
fective measures on that subject and on other concessions, proper 
for the action of the legislature, the matter will be referred, to- 
gether with your memorial, to the chambers. 

I state this to you for your information, remarting that the sub- 
ject will be thus attended to in a convenient time. 
God and liberty: 

CASTILLO LAURAS. 
Very Rev. Father Macnamara, 

Apostolical Missionary. 



D. 

Santa Barbara, July 1st, 1846. 

Eugenio Macnamara, native of Ireland, Catholic priest and apos- 
tolic missionary, respectfully represents to your excellency that 
he has arrived in this department, wnth the object of undertaking 
the establishment of a colony of his countrymen herej to which 
end he has received the benign co-operation of the venerable and 
illustrious archbishop of Mexico, and the cordial recognition of the 
supreme government, who have recommended me to come in person 
to this department, to select land adapted to the said object ex- 
hibited to your excellency, my object of colonization with the 
customary formalities. 

•I have the honor to present to your excellency my plan, which 
is, in substance, as follows : 

I contract with this government, to introduce into this department^ 
in the shortest time possible, two thousand Catholic Irish families, 
industrious and sober, the whole of whose number would be ten 
thousand souls, who, as soon as they arrived, would consider them- 
selves bound by, and subject to the established laws, and to lend 
their services to the legitimate government in defence of California 
against all enemies who might invade her, maintain internal peace, 
and, in fine, dedicate their efforts to the prosperity and advancement 
of this country. 

I solicit then, that your excellency wnll be pleased to adjudicate 
to me in ownership the land selected between the river San Joaquin, 
from its source to its mouth, and the Sierra Nevada. The limits be- 
ing the river Cosumne on the north, and on the south, the extremity 
of the Tulares, in the neighborhood of San Gabriel. 



23 [ 75 ] 

I beg your excellency will be pleased to look favorably on my 
proposition, and to give the order that I have asked, which will 
undoubtedly tend to the happiness of California, and in a great 
measure to fulfil my ardent desires, to propagate the holy religion we 
profess, and at the same time to be useful to my countrymen. 

EUGENIO MiVCNxiMARA, 

Mii. Apos. 
Note on the margin of the preceding : 

Government or the Department of California. 

Santa Barbara, 1st July, 1846. 

Sent to the excellent departmental assembly, that it will be 
pleased to give its advice upon the matter of the petition, and af- 
terward return it to this government for its final action. 

PICO. 



Department of Relations, 

Mexico, August 11, 1845. 

My Dear Sir and Esteemed Friend : The Irish priest, Macna- 
mara, goes to that department (California) with the expedition in 
charge of Senor Colonel Don Ignacio Yniestra, and takes a project 
for colonization with Irish families. 

Among the very honorable persons who have recommended this 
ecclesiastic to me, the most illustrious archbishop has done 
so very earnestly; and desiring to gratify them in an affair that may 
be of advantage to the republic, I make the same recommendation 
to you, charging you to examine well his project, and inform the 
government of what he may offer, in order that it may determine 
what is suitable, and likewise that you facilitate him as far as in your 
power, and make his residence in the department agreeable. 

I repeat that I am your very affectionate friend and servant, 

LEWIS G. CUEVAS. 

To Seiior Don Jose Ma Hijar, Monterey. 

You will speak on the subject with his excellency the Senor gov- 
ernor, in order that, in view of his advice and opinion, the gov- 
ernment may decide the more intelligently. 

L. G. C. 



E. 

[Translation.] 



Pio Pico, Constitutional Governor of the Department of California. 

Whereas the priest, Don Eugenio Macnamara, has applied for the 
purpose of establishing a colony of Irish families, to be apportioned 



i 75] 



24 



lands in the interior of this department which are now waste, con- 
sidering the advantage which would result to the country from the 
occupation of those regions hitherto desert, alike in the advance- 
ment of agriculture and the increase of commerce, the arts, and 
industry, and in the propogation of the faith, and that it would, at 
the same time, secure the department from the frequent incursions 
of the savages, who have heretofore diminished the wealth of the 
country by their repealed robberies; and, moreover, that the increase 
of the number of settlements by respectable families would preserve 
the national integrity and independence, supposing they would be 
so many more Mexican citizens, in which case they would add to 
the growth of the country. 

Having first made the diligent examination required by the laws 
and regulations of colonization, using th^ powers which are con- 
ferred upon me in the name of the Mexican nation, and in accord- 
ance with the advice of the departmental assembly, I hereby con- 
cede, for the colonization of Irish families, the apportionment of 
lands which have been solicited by the said Father Macnamara, 
with the reservation of the approval of the supreme national gov- 
ernment, and under the following conditions: 

1st. There shall be conceded to the Irish colony the unoccupied 
lands which are found in the interior of the department beyond the 
twenty boundary leagues, {futra de las viente leguas limiirofes,) on 
the river San Joaquin, from its source to its mouth, and the Sierra 
Nevada, the boundaries being the river Cosumne on the the north, 
and on the south, the extremity of the Tulares, in the vicinity of 
San Gabriel, within which limits the families who compose the 
colony may establish their settlement, under proper regulations, 
with the understanding that, jalthough they shall have liberty to 
enclose what is set apart to each one, it shall be without prejudice 
to paths, roads, and public uses. 

2d. The families who shall establish themselves shall have the 
free and exclusive enjoyment of the lands allotted to them, for such 
use or cultivation as they prefer; but they shall not, in any man- 
ner, have power, either separately or as^a colony, voluntarily to 
alienate to any foreign nation, nor to pas's to any other dominion, 
by hypothecation, or on any pretext whatever, unless with the con- 
sent of the Mexican nation. 

3d. In the settlement which the said colonists may establish, they 
shall have power, should they have an excess of lands, to receive 
other inhabitants of any citizens or families whatever, resident in 
the department, or of other persons who may have the requisite 
prescribed by the lav^^Sj these latter to be considered as enjoying 
the privileges conceded to the respective municipalities in the com- 
mons and private lands allotted to each settlement. 

4th. As th-ere are to be three thousand families 'composing the 
colony, there shall be adjudicated to each one a single " sitio de 
ganado mayor" (4,428 acres) in the district aforesaid; and if this 
should not suffice they must be limited to that which is found. 
Should fewer than the three thousand families arrive, all the excess 
of land between those limits shall remain for the benefit of the 
nation, and may be allotted to Mexican families. 



25 [ 75 ] 

Wherefore I order that, holding this title to be firm and valid, it 
be recorded in the proper book, and be delivered to the interested 
party for his security and use. 

Given at Santa Barbara, on common paper, on account of having 
none that is stamped, this fourth day of the month of July, year 
one thousand eight hundred and forty-six. 

PIO PICO. 

Recorded, &c. 

Jose Marias Moreko, 

Secretary ad interim. 



F. 

AsSEr.IBLY OF THE DEPARTMENT OF THE CaLIFORNIAS, 

Jingelos, July 7, 1846. 

Most Excellent Sir: Accompanying is sent to your excellency 
a copy of the report of the special committee, approved by this 
honorable assembly, in a sitting extraordinary of this day, relative 
to the project of colonization, presented to your excellency by the 
Senor Priest, Don Eugenio Macnamara; and inform your excellency 
that this body agrees with the sentiments expressed by your excel- 
lency, in your official of the 24th June last, expressing your 
opinion and great desire that the said enterprise should be carried 
into effect. 

I have the honor to communicate it to your excellency, according 
to a resolution of the honorable assembly, and in reply to your 
note above mentioned; and at the same time to renew the most sin- 
cere considerations of my esteem. God and liberty. 

FRANCISCO FIGUEROA, 

President. 
NARCISO BOTELLA, 

Second Vocal. 
To the most Excellent Constitutional Governor 

Of the Californias. 



Washington, February 4, 1848. 

Having joined Lieutenant Colonel Fremont upon the 9th May, 
1846, upon the northern end of the Clamette lake, I returned v^^ith 
him to the valley of the Sacramento, and arrived at the settlements 
upon the 24th of the same month. We could obtain no news from 
below; so soon, however, as it became known to the settlers that 
Captain Fremont had returned, they came to the camp, bringing us 
the information that the Indians of the valley were leaving their 
rancheros or wigwams and flying to the mountains. In some places 
they had shown a very hostile feeling, and certainly had been 
aroused by some foreign emissary. Remaining at Lassin's two 
days, we proceeded down the valley, and, on arriving at Neal and 



[ 75 ] 26 

Button's upon Deer creek, the reports we had received were con- 
firmed; the Indians in that section having taken to the mountains, 
and had killed an Indian boy, in the employ of Mr. Button, he- 
cause he had refused to follow them. On the day the camp re- 
mained at this place, the settlers, old and young, men and women, 
came to Captain Fremont, begging him to take part against the 
Indians, and to give them protection. He offered them all the pro- 
tection in his power, but firmly resisted every appeal made to his 
feelings to take part against the Indians. I here left the camp, 
28th May, to proceed to San Francisco to obtain supplies for the 
men, who were nearly destitute of provisions and clothing. It 
is true there was plenty of beef, but there was nothing else, not 
even salt, and flour was not thought of. On the 29th, I left Cor- 
dois, upon Feather river, in a canoe for Captain Sutter's, where I 
arrived in the night, and encamped at the landing. On the 30th, I 
was informed by Captain Sutter that it was positively true that 
General Castro had excited the Indians to a revolt, and to join the 
Californians in exterminating the settlers; that the Indians ' ad been 
bribed to burn the wheat, (a very large crop,) then nearly dry, and 
ready for the sickle; and that it was General Castro's intention to 
attack and cut off Captain Fremont's party, if he possibly could. 

I was obliged to wait until the 1st of June for Captain Sutter's 
launch to convey me down the river; and, in consequence of ad- 
verse winds, I did not reach San Francisco until the 7th. Here I 
learned that General Castro had gone to Sonoma to hold a council 
with the Vallejos, and to procure horses to commence his opera- 
tions, which he endeavored to disguise under the rumor of making 
an attack upon the governor, Bon Pio Pico, who had disapproved 
of General Castro's want of good faith in making his first attack 
upon Captain Fremont in March previous. 

Captain Montgomery, of the sloop-of-war Portsmouth, having, 
with great kindness, promptness and energy furnished me with all 
the supplies he could spare from his vessel, as also having supplied 
_ Captain Fremont with a small sum of money, I left Sausalito in 
the Portsmouth's launch, commanded by Lieutenant B. F. Hunter, 
who was accompanied by Purser Watmough and Assistant Surgeon 
Buvall, the latter gentleman having volunteered to go to the camp 
to arrange Captain Fremont's medicine chest, and to render any as- 
sistance in his power. 

We arrived at Sutter's landing at 12, p. m., of the 12th, and as- 
certaining the next morning that Captain Fremont was not at the 
appointed place of rendezvous, I decided to take the launch into 
the American fork and await a communication from him. 

Buring the time we were waiting the arrival of Captain Fre- 
mont's party, news of the settlers rising to save themselves and their 
crops from destruction was confirmed. A party, under Ezekiel 
Merritt, had surprised a party of Californians, driving a band of 
General Castro's horses from Sonoma to San Jose, to mount a force 
to attack the people of the valley. An Indian had been taken pris- 
oner, who had received a musket from General Castro for the ex- 
press purpose of shooting Captain Sutter. The greatest excitement 



27 [ 75 ] 

prevailed, and every one considered that the war had been fairly- 
commenced. 

On the 13th June, Colonel Fremont arrived with part of his men, 
and encamped not far from our party at the landing. 

On the 16th, Captai*n Merritt arrived with a small escort, bring- 
ing with him General Vallejo, Colonel Salvador Vallejo, Colonel 
Prudon and Mr. Jacob Leese, prisoners; a party of forty of the 
settlers having surprised and taken Sonoma, the first military garri- 
son in that part of the country. The prisoners were not received 
by Captain Fremont, but were taken to Captain Sutter's fort, where 
they were confined. 

On the 17th, the stores having been delivered to Captain Fre- 
mont, the launch of the Portsmouth returned, and we joined the 
main body encamped upon the American fork, about three leagues 
from the Sacramento. On the 20th, Messrs. Reading and Hensley 
arrive at the camp, bringing the positive information that General 
Castro had announced his determination to attack Captain Fremont 
as soon as he possibly could, and was organizing and preparing a 
force for that purpose. A courier also arrived, bringing the news 
that the small garrison at Sonorna was threatened with an attack 
by an overwhelming force, and begged for assistance. Lieutenant 
Misroom, of the sloop-of-war Portsmouth, had been to visit Sonoma, 
to ascertain the truth of the rumors of outrages committed upon 
the people of the country by the settlers, and he found to his per- 
fect satisfaction that they were false, and without any foundation 
whatever. A settler by the name of Ide had issued a proclama- 
tion, setting forth the causes of the rising of the settlers, and de- 
claring California independent and free from Mexican authority, 
and that he had hoisted a flag — a grizzly bear upon a white field — 
as the insignia of the new State. 

Urgent appeals were now made to Captain Fremont to assist 
the settlers; and, as the safety of his own party depended upon 
prompt and energetic movements, he decided to march to the assis- 
tance of Sonoma, where we arrived upon the 25th, at 2.30, a. m. 
At this time we learned that the settlers, twenty-four in number, 
had had a skirmish with the Californians, seventy strong; had 
beaten them; had killed one and wounded four of the enemy, and 
had rescued two prisoners, whom the Californians were carrying off 
to Santa Clara. Some few days previous a party of Californians 
had seized two Americans, when on their road from Sonoma to Bo- 
deza; had tied them to trees, and in the most brutal, cruel and in- 
human manner had butchered them with their knives, three of the 
party rolling their sleeves to above the elbow, the better to per- 
form their work. 

A force under the command of a captain of Mexican cavalry, 
De la Torre, being on that side of the bay, and reports of reinforce- 
ments crossing at San Pablo, under General Castro, having reached 
Sonoma, Captain Fremont decided upon proceeding immediately to 
San Raphael to meet them. We arrived at the mission in the fore- 
noon of the 26th. No force was there, but was upon the point of 
San Pablo, waiting an opportunity to cross to our side. During 



[75] 



28 



the afternoon of this day letters were intercepted which disclosed 
their plans, and required De la Torre to send horses to the point 
the next morning, to mount eighty men who would be sent over at 
that time. Our force consisted of about 160 men. The enemy 
did not cross the straits. An Indian boy wa's found upon the point, 
with a letter from De la Torre to General Castro, announcing his 
determination to attack Sonoma the next morning, and urging the 
general to send him more force. 

Captain Fremont returned to Sonoma, leavinf): a force to protect 
San Raphael. This movement, executed with so much promptness, 
alarmed De la Torre to such a degree that he fled with his command 
in the most cowardly manner to Sausalito, where he stole Mr. 
Richardson's launch and escaped across the bay, saying " Ae would 
not fight the riJlemejiJ^ 

The flight of De la Torre and his men left the northern side of 
the bay, including the districts of Sonoma, Bodega, and Napa, free 
from all Mexican authority; and that section of the country, as 
also that of New Helvetia, was considered as American territory 
even by the Californians themselves, who became satisfied with the 
new order of things, and gave in their adherence to the new sys- 
tem. No outrages whatever had been committed by the settlers. 
Horses were the only property which had been taken, and these 
were used entirely in the public service. 

About this time, .June 30th, I learned that the junta which was to 
have assembled at Santa Barbara upon 15th June, and which had 
been planned and arranged by and through the agency of Mr. 
Forbes, the British vice consul, and an Irish Catholic priest, by the 
name of Macnamara, had been prevented from assembling in con- 
sequence of the rising of the settlers. This junta was proposed for 
the purpose of asking the protection of England, and of giving an 
immense tract of land in the valley of the San Joaquin, for the 
settlement of ten thousand Irishmen, to be brought to California 
under the direction of Macnamara. All this intrigue of British 
agents was broken up by the timely and prompt operations of the 
settlers, under the direction of Captain Fremont. 

We returned to Sonoma upon the evening of the 4th of July, 
when the iinniversary of our independence was celebrated for the 
first time in California, by salutes during the day and a ball in the 
evening. On the 5ih July, the people were called together to or- 
ganize and form themselves into companies and a battalion. Four 
companies were formed and the battalion organized; the strength 
consisting of two hundred and twenty-four men. This being ac- 
complish'ed, it M'as decided to leave one company to protect Sonoma, 
and that Captain Fremont should return with the remainder to the 
Sacramento, and make preparations for the campaign to follow up 
General Castro towards the south. Parties were sent in different 
directions to bring in the horses fit for use, not only for the pur- 
pose of obtaining them for public service, but also to keep them 
from the enemy. The largest number of horses obtained was from 
the estate of General Vallejo; some from that of Colonel Vallejo, 
and others from that of Jacob Leese; a few horses were also taken 



29 [ 75 ] 

from other estates, but in very small numbers. I cannot state the 
precise number, but my impression is that seven hundred would 
cover the whole amount; the average value of which would be not 
less than $30 per head. 

Some five hundred head of beef cattle were taken from the gov- 
ernment stock farm at Suscol to the Sacramento, for provisions 
for the force; the average cost of these, I think, would be $6 per 
head. 

Some saddles, bridles, and spurs were taken in the district of 
Sonoma; the number I do not know; however, they were not many, 
and an average of $35 would cover this expense. 

On the 10th July we arrived at Sutter's fort, where preparations 
were immediately made to remount the field artillery taken at So- 
noma. The blai ksmiths and carpenters went to work wuth prompt- 
ness and activity. Flannel for cylinders could not be procured. 
A woman sold me the blanket from off her bed to make the car- 
tridges for one gun. At about sunset an express arrived from below 
bearing an American flag to be hoisted at the fort, and a proclama- 
tion from Commodore Sloat, announcing the commencement of hos- 
tilities with Mexico, and the taking of Monterey. The bear flag 
had been hauled down at Sonoma, and the American flag run up in 
its place immediately upon the arrival of the news. The flag 
brought by the express was hoisted at Sutter's fort at sunrise, upon 
the 11th July, under a salute of 21 guns; and the settlers through- 
out the country received the news with rejoicings of great joy and 
gladness. 

Thus, by the prompt and energetic movements of Captain Fre- 
mont, was not only his own party and the settlers saved from de- 
struction, the beautiful wheat crop saved from the firebrand, and 
the large emigration arriving in the country spared the horrors of 
want, but the United States was placed in immediate possession of 
the most important points in the northern country, besides receiv- 
ing from the settlers several pieres of fine Spanish artillery, and a 
large quantity of ordnance stores. 

All the property taken by the settlers, of whatever kind it might 
have been, was immediately transferred to the United States, and 
was afterwards used in the two campaigns which followed. 

The foregoing statement is made as the first part of my evidence 
in relation to the expenditures in California. 

ARCIID. H. GILLESPIE, 

Captain U. S. Marine Corps. 

P. S. I have omitted to state above, that when in camp at Neal 
and Button's, upon Deer creek, upon the 28ih of May, a courier 
was received from Captain Sutter, informing Captain Fremont and 
myself that "two Spaniards (Californians) had been sent by Gen- 
eral Castro amongst the different tribes of Indians, and that this 
was the cause of their flying to the mountains, they having been 
excited against the settlers." 

Respectfully submitted: 

ARCHD. H. GILLESPIE. 



[75] 



30 



In reply to the inquiry of the honorable committee " whether 
I was charged with any message or mission from the government 
to Captain Fremont, when I joined him on the Tlamath lake in 
the beginning of May, 1846, and if so, what it was," I beg leave 
to state, that early in November, 1845, I received orders from the 
President and Secretary of the Navy, Mr. Bancroft, to proceed to 
California by way of Vera Cruz, and the shortest route through 
Mexico to Mazatlan, with instructions to watch over the interest 
of the United States in California, and to counteract the influence 
of any foreign or European agents who might be in that country 
with objects prejudicial to the United States. I was the bearer of 
the duplicate of a despatch to the United States consul at Monterey, 
T. O. Laikin, esq., as also a packet for J. C. Fremont, esq., and 
a letter of introduction to the latter gentleman from the honorable 
James Buchanan, the former I destroyed before entering the port 
of Vera Cruz, having committed it to memory. The packet and 
letter of introduction I delivered to Captain Fremont, upon the 9th 
May, 1846, in the mountains in Oregon. I was informed that I 
would probably find Captain Fremont upon the Sacramento, and 
.was directed to confer with and make known to him my instruc- 
tions. It was desirable we should act in concert, and great vigi- 
lance and activity was expected of both. 

I passed through Mexico as a merchant, at a time of great ex- 
citement, just previous to the commencement of hostilities; and, 
unfortunately, was detained in the city of Mexico by the revolu- 
tion of General Paredes, in December of 1845, and afterwards hav- 
ing been sent to Monterey by Commodore Sloat, by way of the 
Sandwich islands, I did not reach California until one month after 
the time I had contemplated and desired. Soon after my arrival at 
Monterey, I proceeded to the Sacramento in search of Captain 
Fremont, and upon reaching Lassin's, then the last settlement in 
the northern part of the valley of the Sacramento, on the 1st May, 
I ascertained that Captain Fremont had left for Oregon eight days 
previous. As I supposed his camp would travel slowly through 
the mountains, I determined to follow him; and with a party of six 
men, including myself and negro servant, I started upon Captain 
Fremont's trail upon 2d May, much against the earnest appeals 
and advice of the settlers, who informed me that the Indians, 
through whose country I would have to pass, were very hostile, 
and would, in all probability, defeat so small a party. However, 
considering their fears somewhat exaggerated, I determined to 
overtake Captain Fremont at all hazards. Upon 7th May, finding 
the signs of the camp very fresh, I ordered two of the men, Neal 
and Sigler, to proceed ahead upon the best and fleetest horses, to 
overtake and inform Captain Fremont of my approach. I arrived 
at the Tlamath lake at sunset of the same day — our provisions were 
exhausted and game could not be found — not being able to ford 
the river, the outlet of the lake, I determined to encamp upon its 
banks, hoping to hear the next morning from my men, or receive 
a message from Captain Fr«§mont, whom I supposed at no great 
distance from me. We remained here until the morning of the 



31 [ 75 ] 

9th, full forty hours, without anything to eat, when, at about 8 
o'clock, a party of Indians came to us, a chief bringing me a fresh 
salmon just from the lake. They, also, brought two' canoes and 
took us across the lake, and showed every disposition to be friend- 
ly. Riding about thirty miles over the mountains, I came to a party, 
at about sunset, which proved to be Captain Fremont, with nine of 
his men, who had rode sixty miles that day to meet me; Neal and 
Sigler having barely escaped from the Indians, and reported to Cap- 
tain Fremont that "they feared I could not get to him." 

I delivered my letter of introduction and the packet intrusted to 
me to Captain Fremont, and made him acquainted with the wishes 
of the government, which were the same as stated above for my 
own guidance. Considering the Indians as friendly disposed, from 
their attention and civility to me, no watch was kept, and, unfortu- 
nately, at about 11 o'clock, the Indians made an attack upon our 
camp, killed three and wounded one of Fremont's men. One In- 
dian was killed, and when day light appeared he proved to be the 
chief or brave who had brought me the salmon at the river and had 
ferried us across the lake. The Indians had followed on my trail, 
and but for the promptness of Captain Fremont, my small party 
would have been overpowered by superior numbers and killed. On 
the 11th we joined the fhain camp, and arrived in the valley of the 
Sacramento upon the 24th May, as has been stated in my testimony 
already given. 

In answer to the second inquiry, "Did you know or understand, 
from credible report, that the Californian authorities were granting 
or selling the national domain, or the Mexicans, and on what terms, 
and what effect, if any, the revolutionary movement may have had 
in stopping these sales," I beg leave to»state, that the Californian 
authorities did grant and sell the national domain to foreigners, resi- 
dents and non-residents of the country for sums far below the value 
of the property, and were prevented from making a full conveyance 
of the same by the sudden and unexpected rising of the settlers in the 
north. The large and beautiful mission of San Luis Rey was sold 
to a Spaniard, by the name of Cot, a merchant from Lima, Peru, 
for the small sum of $6,000, certainly worth $50,000. The mission 
of San Gabriel was sold to an Englishman, by the name of Reed, 
for a trifling sum, although one of the richest and most extensive 
in the country. 

It was conceded by every one in California that the revolution 
in the north stopped and prevented the sale of much government 
property in every section of the country. 

Respectfully submitted. 

ARCHIBALD H. GILLESPIE, 

Captain U. S. Marine Corps. 

Washington, Felruary %^ 1848. 

P. S. The sales of the property mentioned above, took place in 
the months of June and July, 1846, when the revolutionary move- 



[75] 



32 



ment in the north was going forward, and just previous to tite com- 
mencement of hostilities with Mexico, 
Respectfully, &c., 

ARCHIBALD H. GILLESPIE, 

Captain U. S. Marine Corps. 

Sworn to before me this IQth of February, 1848. 

LEWIS CASS. 



Question by the cominittee to Major Gillespie. 

"Were you present at the interview between Commodore Sloat 
and the (then) Captain Fremont? and, if so, what was said between 
them in relation to the subject of hostilities in California '?" 

In reply to the above question of the honorable committee, I beg 
leave to state, that, at an interview between Commodore Sloat, 
Captain Fremont, and myself, held on board of the United States 
frigate Savannah, lying in the harbor of Monterey, in^July, 1846, 
Commodore Sloat manifested a feeling of dissatisfaction that Cap- 
tain Fremont and myself had not reported purselves and the force 
under our command to him, and said, addressing both, as near as I 
can recollect, " I do not know by what authority you are acting, 
I can do nothing. Mr. Gillespie has told me nothing; he came to 
Mazatlan, and I sent him to Monterey, but I know nothing. I 
want to know by what authority you are acting?" Captain Fre- 
mont replied, " He had acted upon his own authority, and not from 
orders of the government." Commodore Sloat then expressed 
much surprise and distress, ^nd said, " I have acted upon the faith 
of your operations in the north." 

Respectfully submitted. 

ARCHIBALD H. GILLESPIE. 

V/ashington, Fehruary 22, 1818. 

In answer to the first inquiry of the honorable committee, 
"Were you charged with any verbal instructions or communica- 
tions to Colonel Fremont from the government at Washington, or 
any officer thereof? and if so, please state those instructions or 
communications, and from whom received?" I have to state, that 
I was directed by Mr. Buchanan to confer with Colonel Fremont, 
and make known to him my own instructions, which, as I have 
previously stated, were, to watch over the interest of the United 
States, and counteract the influence of any foreign agents who 
might be in the country with objects prejudicial to the L^nited 
States. I was also directed to show to Colonel Fremont the dupli- 
cate of the despatch to Mr. Larkin, consul at Monterey. 

In answer to the second inquiry, "You have said that you com- 
municated the wishes of the government to Colonel Fremont; state 
particularly what you did communicate to him as the wishes of the 
government?" I beg leave to state, that the answer above contains, 
as near as I can recollect, what I communicated to Colonel Fre- 
mont; telling him, at the same time, that it was the wish of the 



33 C^S] 

government that we should conciliate the feelings of the people of 
California and encourage a friendship towards the United States. 

In reply to the third inquiry, " You have stated in a former part 
of your deposition that ' all this intrigue of British agents was 
Lroken up,' &c.; state all the knowledge you have of the existence 
of that intrigue by British agents, or upon v/hat- information you 
"believed in its existence and its effect?" I beg leave to state, that 
I have stated in my deposition already giv»^n, that a junta or con- 
vention was to have assembled at Santa Barbara, upon the 15th 
June, for the purpose of taking into consideration the state of the 
country, and (it was currently reported) to ascertain the feeling of 
the people in relation to asking the protection of England; that 
it was gotten up through the agency of Mr. Forbes, the English 
vice-consul, and an Irish priest, by the name of Macnamara, who 
was endeavoring to obtain a grant of an immense tract of land for 
the purpose of bringing to California ten thousand Irish emigrants. 
My principal informfyit v^as a Mr. Jacob Luse, brother-in-law of 
General Gaudaloupe M. Vallejo — the latter gentleman having been 
nominated as a deputy from Sonoma district, and had refused to 
serve. Mr. Larkin also informed me that he had had several con- 
versations with General Castro upon the subject of the California 
government seeking protection of England — General Castro being 
inimical to the United States; and further, the subject of the- trans- 
fer to England, and of Mr, Forbes and Macnamara's using all their 
influence to accomplish that object, was the topic of common con- 
versation throughout the country after the rising of the settlers in 
the north. 

Respectfully submitted. • 

ARCH. GILLESPIE. 

Washington, February 16, 1848. 



Captain Samuel Hensleyh statement. 

I am a resident in California, where I have resided since the au- 
tumn of 1843. In the month of May, 1846, I went to San Fran- 
cisco, where I met with General Vallejo, one of the most prominent 
and influential men in upper California. I understood from him that 
he had recently attended a convention, composed of General Castro, 
himself, and five others, delegates from the different districts in 
California, at which the proposition had been made and debated, to 
separate fro'rn Mexico, and establish a government in California, 
under the protection of some foreign power, believed by us to be 
England; but, as the general positively stated, the majority was not 
in favor of placing the country under the protection of the United 
States, though he himself was. General Vallejo was of course 
guarded in conversing on so dangerous a subject as this was at that 
time; but the above is the substance of his remarks, as understood 
ty myself and others who heard them. 

I returned to Sutter's fort, in the Sacramento valley, in a few 
days after seeing General Vallejo. Captain Sutter inforjned me 
3 



[ 75 ] 34 

that there was great excitement among the Indians in the neighbor- 
hood; that he had sent for the Seguamne chief, who had recently 
been among the Californian settlements. I awaited his comingj 
and, on his arrival, Captain Sutter examined him as alcalde and 
principal magistrate in the district. The chief stated that he had 
seen Castro during his visit to the settlements, and that Castro had 
made him great promises, on condition that he would excite the 
Indians to burn all the wheat crops of the American emigrants, as 
he intended to drive all the Americans out of the country in a short 
time. About this time I heard thp,t Captain Fremont had returnei^ 
from the northward, and was then in the upper part of the Sacra- 
mento valley. I immediately repaired to his camp, where I informed 
him of all that I had learned respecting the condition of the country 
and the designs of the leading men among the Californians, giving it 
as my opinion that the American residents would have to leave the 
country, or fight for their homesj at the same time saying I was sure 
we would not leave the country. 

Captain Freinont resolved to join the Americans for their safety^ 
and to overthrow the Mexican forces in that province. About the 
same time Mr. Neal arrived in Captain Fremont's camp from San 
Francisco, by way of Sonoma, and reported that the whole Cali- 
fornia population was greatly excited against the Americans, and 
as he was known to have belonged to Captain Fremont's party, he 
did not consider himself safe among them, and had avoided them 
in travelling. Neal and myself then started to give notice to all 
the American settlers in the valley to meet together and take mea- 
sures for our common safety. Captain Fremont's camp was ap- 
j)ointed the place of meeting. A party of twelve or fifteen had 
assembled, and while waiting for others, who had a greater distance 
to come, Captain Fremont received intelligence that a party of 
soldiers had been collecting horses in the neighborhood, for Cas- 
tro's command. Captain Fremont immediately despatched a party 
to take and bring back the horses; which they did, and dispersed 
the party in charge of them. They took the captured horses to 
Captain Fremont's camp, on Bear creek, and then set out to sur- 
prise Sonoma, which they effected, and returned with their prisoners 
to Captain Fremont's camp, near Captain Sutter's fort. The pri- 
soners were sent to the fort, and Mr. Kerne, one of Captain Fre- 
mont's party, left in command of the fort. 

Captain Fremont then despatched me to communicate with Dr, 
Marsh, an otd American settler on the south side of the bay of San 
Francisco; I there learned, from good authority, that Castro was 
collecting a larg.e force in the vicinity, proclaiming his intention to 
drive all the American settlers and Fremont out of the country. I 
returned with this intelligence to Captain Fremont's camp, where I 
informed him of what I had learned. At the same time Captain Fre- 
mont received an express from Sonoma, that a large force of Mexi- 
cans, under Joaquin de la Torre, were crossing the bay, to retake 
that place, and asking him (Fremont) for assistance in defending 
themselves in the town. He immediately started with all of his 
own party and many of the settlers, who joined his camp. I went 
along with the settlers. We found the town in possession of thft 



35 [ 75 J 

Americans, they having defeated Joaquin de la Torr6 the day preyi- 
ous to our arrival, and captured a good many horses. 

The fourth of July was duly celebrated, and on the fifth we or- 
ganized the "California battalion," adopting the "grizzly bear" 
as our emblem, requesting Captain Fremont to take command of 
the battalion, and of all the forces and resources of the country^ 
which command he accepted. As soon as it was known that 
Captain Fremont had accepted the command, the Californian popu- 
lation seemed to become well pleased with^ the change in affairs^ 
and brought in their property and means of warfare, which they 
placed at Fremont's disposal. He restored to them, and to the 
American settlers, all the horses which had been previously cap- 
tured or pressed into the service by the Americans, retaining only 
a number sufficient for the actual wants of the service. He then 
set out with the battalion in pursuit of CastrQ,by way of the 
Sacramento, sending me with a small party to communicate with 
Dr. Marsh. When f arrived at Marsh's, I learned that war had 
been declared between the United States and Mexico, and that 
Commodore Sloat had arrived at Monterey and raised the Ameri- 
can flag. Returning with this intelligence, I found that Captain 
Fremont had already learned it, and was on his way to Monterey. 
I followed and joined him at* the mission of San Juan, near Mon- 
terey. 

After the City of Angels was taken by the United States forces. 
Captain Gillespie was left in command, and I acted as assistant 
quartermaster to the troops stationed there. After the insurrection 
broke out in September, 1846, provisions and supplies of all kinds 
could only be obtained at the most extravagant prices, the whole' 
surrounding country being in the hands of the enemy. 

In November, 1846, after the City of Angels had fallen into the 
hands of the enemy, I was directed by Commodore Stockton to 
go into lower California^ and get horses, mules, cattle, saddles 
and saddle rigging. I was directed to proceed by sea, and ac- 
cordingly went on board the "Stonington," and disembarked at 
San Domingo, in lower California. In landing we swamped two 
boats, with the loss of seven or eight rifles, several pistols, blank- 
ets, and many articles of clothing belonging to the men of my 
command. I gave the owners a certificate of the loss. We suc- 
ceeded in getting one hundred and forty head of horses and mules, 
about three hundred head of cattle, some saddles and saddle rio-- 
ging. I fixed the prices and receipted for all, except the cattle. 
The cattle belonged to Juan Pandini, who was in San Diego at 
the time, and arranged the price, as I understood, with the purser 
of the United States frigate Congress, at $10 each. 

A few days before the command left San Diego for the Ciudatl 
de los Angeles, a lot of horses was received from Juan Maria 
Maron, for which he charged $40 each, I do not know what price 
was allowed him. 

After the formation o; the civil government of California by 
Commodore Stockton, in January, 1847, I was appointed by Gov- 
ernor Fremont, commissary of subsistence to the California bat- 



[75 1 



36 



talion, in which capacity I made such purchases as were neces- 
sary for the subsistence of the troops, paying for the articles pur- 
chased by giving my official certificate of the amount due. In dis- 
charge of this duty, I purchased of Ulogia de Celez six hundred 
head of beef cattle, at $10 each, Celez also furnishing as part of 
the same transaction, twenty-five hundred dollars in cash to Gov- 
ernor Fremont, for the use of the United States government, the 
whole amount of the loan and the price of the cattle, was agreed 
on our part, to be paid to him within six months thereafter, if not, 
to bear interest from that date till paid. Soon after this purchase 
the California battalion was disbanded, and .Governor Fremont 
ordered me to retain possession of these cattle until he could know 
whether those succeeding him in command Vv'ould become respon- 
sible for the contracts made under his authority. When it was 
ascertained that his successor w(^ld not become thus responsible, 
Governor Fremont directed nie to place the cattle in safe keeping, 
where they might remain as some security to Celez for the amount 
due him. I accordingly placed the cattle in charge of Abel 
Sternes, a responsible man, who agreed to keep and be responsible 
for them, for one liali of their increase. There was also left in 
that country about sixteen hundred pounds of sugar, in the pos- 
session of John Rowland, near the ci1,y of Angels, and also a quan- 
tity storied in Santa Barbara. 



Statement of the average prices of military supplies of all descrip- 
tions in California h-efore and during the war.. > 

Horses and mules, from $25 to $35. 

Saddles, complete, from 30 to 40. 

Bridles 6 to 10. 

Spurs .'...'.^ 6 to 10. 

Botas 4 to 8. 

All of which are necessary in that country. 

Rifles, from $50 to ^100; very scarce. 

Powder 2 perpound. 

Lead • • • • 37 ^r cents per pound. 

Percussion caps $10 per thousand. 

Beef cattle 8 to $10 per head. 

Flour 10 per hundred pounds. 

Sugar 37 to $50 per hundred pounds. 

Coffee 50 per hulidTed pounds. 



I was present when the California battalion was mustered into 
the service of the United States, and the men then positively re- 
fused to serve for eleven dollars per month. They reinained in the 
^service without any rate of pay being spo^ified until, in August, 184^, 



37 [75 J 

at the City of Angels, Colonel Fremont ordered me to inquire of my 
company at what rate of pay they would consent to remain in the 
service. They unanimously demanded twenty-five dollars per month, 
and refused to remain any longer in service unless that amount was 
promised them. I considered the rate of pay demanded by the men 
as reasonable for that country, and under all the circumstances. 

Question to Captain Samuel Hen si ey. 

Did you know, or understand from credible reports, that the Cal- 
ifornian authorities were granting or selling the national domain ov 
the missions, and on what terms; and what effect, if any, the revo- 
lutionary movement may have had in stopping these grants and 
sales'? 

Answer. I did understand from general report that the authori- 
ties in California were about to grant xertain tracts of land in Cali- 
fornia to an Irish priest, for the purpose of establishing a. colony of 
British su^jjects, the said Priest Macnamara having been brought 
to California in an English vessel of war; and my impression is, 
that the timely movements on the part of the settlers in the north, 
Colonel Fremont, and others, prevented the conclusion of the trans- 
fer. I was also credibly informed that the missions of San Luis 
Rey and San Gabriel were sold for sum.s far below their value, more 
for the purpose of keeping them from, the possession of the United 
States authorities than the money they might produce. 
Respectfully submitted. 

SAML. J. HENSLEY. 

Washington, February 9, 1848. 

Question to Captain Hensley. 

As you were commissary and quartermaster, and therefore inti- 
mately acquainted with the supplies obtained by the troops, and 
with the general expenses of the whole conquest of California from 
the beginning, under the flag of independence in the north, to the 
suppression of the insurrection at Los Angeles in the south, you 
can form an opinion of the whole sum which the just claims upon 
the United States would amount to. Will you state that amount? 

Answer. Previous to leaving the City of Angeles, Major Reading, 
acting as paymaster, and myself, made an estimate of the amount 
due in that country. From the best information which we could 
obtain, we made the total amount seven hundred thousand dollars. 
Major Reading was operating in the no^th with Colonel Fremont, 
and myself with Commodore Stockton in the south. 
Very respectfully, your obedient servant, 

SAML. J. HENSLEY. 

Sworn to before me, this 19th day of February, 1848. 

LEW. CASS.. 



[75] 38 

Question to Captain Owens. 

Were you one of the topographical party under the then Captain 
Fremont, when he returned to the Sacramento from the Tlamath 
lake J and what do you know of application from the American 
settlers to Captain Fremont for protection and aid ; and how far 
such aid and protection was instrumental in producing the revolu- 
tionary movement which led to the declaration of independence at 
Sonoma 1 

Answer. I joined Captain Fremont on the Upper Arkansas,*in 
August, 1845, and was one of the topographical party under him 
when he returned from the Tlamath lake to the Sacramento. When 
"we returned to the valley we found the people expecting an attack 
from the Californians, and in fear of an outbreak among the Indians, 
which they expected every hour. The report was, and it was gen- 
erally believed, that Castro had instigated the Indians to rise and 
burn the crops of the settlers. Proclamations had been sent out 
ordering the Americans to quit the country, or that they would be 
driven out by a certain time. It was known that troops had been 
collected at Santa Clara, and that General Castro had come over 
into Sonoma, -for the purpose of raising a body of Spaniards and 
Indians to come out against the emigrants and Captain Fremont's 
party. The settlers made many applications for help to Captain ■ 
Fremont, on the ground that they were American citizens. We 
went down and camped at the Buttes, about sixty miles above Sut- 
ter's. There was a good deal of correspondence between the 
settlers and our camp, and as the danger seemed near at hand, and 
there was no other way to get out of it, it was finally agreed to 
join the settlers and fight the Californians. In this way the revo- 
lution began. The settlers were driven to it in self defence. But 
1 do not think that it would have taken place, or that they could 
liave been united together, without the aid and protection of Cap- 
tain Fremont. They had not confidence enough in their own 
strength, t» undertake the war without support. Captain Fremont's 
party was strong and well armed, and went together like one man. 
The strength of this party, and the name of Captain Fremont as a 
United States ofl&cer, gave confidence and kept the people together 
both during the revolution and in the war afterwards. 

It was also known in the camp, and commonly in the country, 
that Lieutenant Gillespie had brought despatches to Captain Fre- 
mont, which made him turn back from the Tlamath lake, and it 
was commonly believed that he had some orders for what he was 
.doing. 

RICHARD OWENS. 

We, the undersigned, joined the topographical party and the 
•^revolutionary forces at different times. We were in California 



39 [75] 

during the revolution and the war which followed it, and concur in 

the truth of the above statement. 

JEROME C. DAVIS, 
A. GODEY, 
MARION WISE, 
JOSIAH FERGUSON, 
R. E. RUSSELL, 
RISDON A. MOORE. 

Sworn to and subscribed before me, this 22d February, 1848. 

LEW. CASS. 

Question to R. Owens. 

Did you know or understand from credible report that the Cali- 
fornian authorities were granting or selling the national domain or 
the missions, and on what terms, and what effect, if any, the revo- 
lutionary movement had in stopping these grants and sales'? 

Answer. I did understand from credible report that the Califor- 
nian authorities were making large grants of land, and selling the 
missions of the public domain, at very reduced prices. A large 
grant of land was made to an Irish priest, on the condition, as I 
understood, that he was to bring emigrants from home to settle it. 

The revolution put an entire stop to such grants and sales, to the 
best of my knowledge. 

R. OWENS. 

Sworn and subscribed to before me, this 22d day of February, 
1848. 

LEW. CASS. 



Deposition of Wm. JV*. Loker. 

About the time Castro was raising men to drive Colonel Fre- 
mont out of the country, I was staying at Sutter's fort in the Sa- 
cramento valley; there was also a considerable number of American 
settlers around and near the fort, and Castro's movements created 
a good deal of excitement, so much so, that many of them wanted 
to go to Fremont's assistance immediately, and would have gone 
had no4; the colonel and his party arrived on the American fork'; 
after he had left for the Tlamath lake, there was a good deal of 
talk about England taking possession of the country, and many 
foreigners of the highest standing in the country asserted that they 
knew that England had a mortgage on it ; and that a British man- 
of-war was on the northwest coast, and would be down in the course 
of the summer to take possession of California. Soon after Colonel 
Fremont left. Major Gillespie arrived, started after, and brought 
him back, then commenced the revolution ; which, had he not 
countenanced and aided, I know not what would have been the 
consequences to the American settlers, (women and children in- 
cludedj) for, just before his return, there was a meeting of the 



[ 75 ] 40 

principal men of the country at Monterey; they there thought it 
advisable to order all foreigners to leave the country, and publish- 
ed a banda to that effect, ordering all foreigners to leave the coun- 
try by a certain day, or force would be used to compel them to 
leave; women and children were included in the banishment; and 
Colonel Fremont returning in the country about that time, and 
finding the men in the valley much excited, and the alarm of the 
women, could not have acted otherwise than he did. 

The banda was translated and sent up the valley, and I put one 
of them up at Sutter's fort. Castro also excited the Indians 
against the Americans, by telling them that they would take all 
their land from them ; and a couple of Castro's omcers took down 
to Monterey with them an Indian of the Mokelumne tribe, by the 
name of Eusebio, a weaver by trade, made him presents, and in- 
duced him to burn the wheat of the settlers in the Sacramento val- 
ley ; among the presents was a musket given him by Castro, for 
the purpose, as w^e heard from an Indian to whom Eusebio told it,, 
of killing Captain Sutter ; and on Eusebio's return from Monterey 
he commenced exciting his tribe s.nd others to join hirn, by which 
act himself and several of his tribe lost their lives. These are all 
the circumstances of any consequence I can recollect immediately 
preceding the revolution. I first joined Captain Fremont at his 
camp on the American fork, and was with him from the first cam- 
paign against Sonoma throughout the war, and accompanied him. 
home as one of his topographical party. 

WM. N. LOKER. 

Washington, February 14, 1848. 

We did understand from credible authority that the above state- 
ment is correct, and we are personally knowing to several of the 
above circumstances. 

THOS. E. BRACKENRIDGE. 

MARION WISE. 

Sworn to and subscribed before me, this l8th February, 1848. 

LEWIS CASS. 



Washington, February 9, 1848. 

Gentlemen: I am a midshipman in the United States Navy, and 
in the month of July, 1846, I was attached to the United States 
frigate Savannah, the flag ship of our Pacific squadron, then under 
the command of Commodore John D. Sloat. On the second day of 
that month we arrived in the harbor of Monterey. Upon our an- 
choring, the commodore despatched an officer on shore to tender the 
usual civilities, (which the courtesy and etiquette of nations at 
peace require,) by offering to salute the Mexican flag^ 

This officer, who was Lieutenant Carter, of the navy, (I think,) 
returned with the reply, that they could not return the salute if 
firedj either from want of powder or guns, I do not recollect which. 



41 [ 75 ] 

It was a matter of great surprise on the part of many officers of 
the squadron, that the commodore should have tendered these civi- 
lities, knowing, as we all did, that the Mexican government had 
already commenced offensive operations against our army on the 
Rio Grande, and that the squadron of the United States were 
blockading the coast of Mexico on the Gulf; and it was not until 
the arrival of a launch, sent by Commander J. B. Montgomery, 
from San Francisco, that Comniodore Sloat detennined, publicly, to 
take possession of California. What the nature of the communication 
was, brought by her, I do not know, but the impression at the time 
was, that it had some reference to Colonel Fremont's movements 
in the north. The launch arrived under the command of Pa^ed 
Midshipman N. B. Harrison of the nav^, on the fifth of July; left 
for San Francisco on the sixth, and the flag of oi r Union was 
hoisted on the m-orning of the seventh, at about nine, a. m., with- 
out opposition. 

On the sixteenth of the same month Admiral Seymour, who had 
been following us for several months previous, arrived and an- 
chored, in his flag ship, the Collingwood, (80.) 

Upon his vessel appearing in sight, Commodore Sloat sent orders, 
I understood, to the commanders of the different vessels compris- 
ing our squadron, to be in readiness, in case the admiral should be 
entering with hostile intentions, or an order to that effect, leaving 
the impression on the minds of his officers, tha't Admiral Seymour 
mist have intended to have prevented our squadron from taking 
possession of California. Although such had been our impression 
previously,- and, but for the timely movements of Colonel Fremont 
and his party in the north, thereby influencing the' commodore in 
,his movements, such, I fear, would have been the result. 

Whilst our forces were in possession of Monterey, I was con- 
nected with the sailors and marines of our squadron^ until the 
month of September, in the latter part of which I was ordered by 
Commodore Stockton to repair to San Francisco, v.ath Acting Lieu- 
tenant McLa'iC, of the navy, for the purpose of establishing an 
artillery company. Shortly after our arrival there, information 
reached the commodore of an insurrection in the south, and he then 
directed me to enlist as many men as I could to join Colonel Fre- 
mont, and proceed south in the barque Sterling, a vessel he had 
chartered for that purpose. After performing that duty, by en- 
listing as many men as could be obtained, I joined and reported to 
Colonel, then Major Fremont, on board the Sterling, in which ves- 
sel we left, Francisco on or about the fourteenth of October, for 
Santa Barbara. On our way down we met and spoke the Ameri- 
can ship Vandalia. I was sent on board by Colonel Fremont, to 
learn the news; Mr. Howard, the supercargo, relumed with me, and 
from him Colonel Fremont received the information that the force 
under Captain Mervine had been defeated; that it was entirely 
owing to his not having artillery on the march against the enemy, 
and that the southern part of the country was in possession of the 
enemy. Hearing this, Colonel Fremont determined to return to 
Monterey, and send to the Sacramento for his cannon, horses, and 



£75] 



43 



reinforcements of men. We arrived at Monterey, I think, on the 
27th of October, and after making every exertion to collect car- 
riages and other articles to mount our guns, and resorting to almost 
every expedient to arm and equip our men, laboring, as we were, 
under the disadvantage of being in an enemy's country, almost 
■without resources or means; left on the sixteenth of November for 
the valley of San Juan, where we were detained until the end of 
November, waiting for Colonel Russel, who had been despatched 
to the north for the purpose of enlisting emigrants recently arrived 
in the country, and for Captain JVIcLane, who was at Gilroys on 
duty connected with the mounting and equipment of our artillery. 
Upon their arrival we took our departure for the south, and after 
making a secret and difficult march, succeeded effectually in sur- 
prising the mission of San Luis Obispo, w&ere it had been gen- 
erally understood a large body of the enemy were statione I. Un- 
fortunately they were not there, and we only succeeded in captur- 
ing Don Jesus Pico, one- of their captains, and a small party of 
men. Don Jesus, who had recently signed his parole, was tried 
and condemed to death, but Colonel Fremont, from some peculiar 
circumstances attending his case, pardoned him, and the result 
proved that he acted wisely in so doing, although the impression 
at the time was, that the colonel was acting with too much clemency 
towards the Californians generally. After leaving San Luis, we 
proceeded on our march in search of the enemy, a march charac- 
terized by hardships and sufferings almost unparalleled; our men 
were frequently without provisions after toiling from morning until 
night, barefooted, and almost without clothing, in the most inclement 
season of the year in that country. Yet, under all these trying 
circumstances, they performed their duty faithfully and cheerfully, 
giving evidence of an interest and self-clevotedness to the cause in 
which they were engaged. We had frequent skirmishes with par- 
ties of the enemy until the capitulation of Cowenga, which acted 
almost magically in restoring peace and tranquility to the country; 
and but for that capitulation, so beneficial in its results, my impres- 
sion is, that the Californians would have carried on a system of 
guerilla warfare, by which many lives and much property would 
have been sacrificed. After the capitulation we arrived at the 
Puebla de los Angeles, where the events occurred -^.already made 
public, by the proceedings of the late court martial. 
Very respectfully, your obedient servant, 

JOHN R. WILSON, 



To the honorable members of the 

Committee on Military Affairs. 



Mid'nj U. S. Jf. 



Sworn to before me, this 19th February, 1848. 

LEWIS CASS. 



43 , [75] 

Question to J. K. Wilson. 

Did you know, or understand from credible reports, that the 
'Californian authorities were granting or selling the public domain, 
or the missions, and on what terms; and what effect, if any, the 
rerolutionary movement had in stopping these grants and sales'? 

Answer. I did understand, from general report, that the Mexican 
gorernment were about to grant certain tracts of land in Cali- 
fornia to an Irish priest for the purpose of establishing a colony 
of British subjects, the said priest having been brought to Cali- 
fornia in an English vessel of war; and my impression is that the 
timely movements on the part of Col. Fremont and others pre- 
vented it. 

J. K. WILSON, 
Midshipman.^ U. S. JV". 

Question to Mr. Wilson. 

Please state all that you know about the Catholic priest Eugene 
Macnamara; under what auspices he came into the Californian 
territory; and as much of his transactions with the authorities of 
that country as came to your knowledge, &c., &c. 

Answer. It is my impression that the Catholic priest, Eugene 
Macnamara came to California from the west coast of^Mexico, in 
an English man of war. I recollect seeing him at Monterey about 
the time H. E. M. ship Collingwood arrived, engaged, it was said, 
in negotiations with the English admiral, Seymour, in relation to a 
grant of land which had been made to him by the Mexican govern- 
ment, for the purpose of establishing a colony of British subjects. 
In regard to his transactions with the authorities of California I 
know nothing positive. 

J. K. WILSON. 



The undersigned, a lieutenant in the navy of the United States, 
has the honor to make the following answers to the interrogatories 
put to him by your honorable committee: 

The undersigned, being in command of the southern district of 
California, during the latter part of 1846, was informed by Pedro 
C. Carrillo, (and he believes the information thus obtained is found- 
ed on facts,) that he, the said Carrillo, was a member of a junta 
that assembled at Santa Barbara, in June, 1846, for the purpose of 
declaring the independence of California, and of asking the protec- 
tion of the United States or Great Britain; that the junta was rep- 
resented by all of the inhabited portions of California; that a ma- 
jority of the same were for claiming the protection of England; 
that their resolve^ would probably have been executed, had it not 
been for the war and their fears of an armed force, then on the 
north side of the bay of San Francisco, under the command of Cap- 
tain Fremont. The undersigned has understood, from other sources 



[75] 



44 



entitled to confidence, that a majority of the people of California 
desired the protection of England; the opinion he thus formed was 
strengthened by the fact, that an English frigate (the Juno) had, 
about the time the junta met, landed an English subject named 
Macnamara at Santa Barbara, of whom it was said that he had ob- 
tained a grant from the Mexican government of a targe and fertile 
portion of California, embracing the whole valley of the San Jo- 
aquin, from its source to its mouth; a valley, as the undersigned 
believes, comprising one-third of the richest portion of California. 
The undersigned believes that the British squadron in the Pacific, 
commanded by Rear Admiral Sir Geo. T. Seymour, composed then 
of a larger force than they ever had upon that ocean, were employ- 
ed in closely watching the movements of the American commodore; 
being aware of this fact. Commodore Sloat, when he heard of the 
first battle on the Rio Grande, got underway in the frigate Savan- 
nah, then anchored off Mazatlan, for the ostensible purpose of pro- 
ceeding to California; an English vessel of war weighed soon after 
the Savannah, and stood in the direction of San Bias, where it was 
known the admiral was; after cruising in the Gulf two days, the 
commodore returned to his anchorage off Mazatlan, when another 
English ship got underway, and stood in the direction of San Bias. 
The undersigned believes that this manccuvre of Commodore Sloat 
was intended for the deception of the English admiral. On the 8th 
of June, 1846, the Savannah again made sail, and, after a passage 
of twenty-three days, during which a press of canvass was carried, 
she arrived at the port of Monterey, in upper California. The Col- 
lingwood of eighty guns, the flag ship of Admiral Seymour, entered 
the harbor on the 15th of July, and the undersigned believes that 
the admiral was disappointed when he saw the American flag flying 
on shore. 

The undersigned was on duty on shore when Captain Fremont 
arrived with his force at Monterey from the north. The undersign- 
ed believes that the appearance of this body of men, and the well- 
known character of its commander, not only made a strong impres- 
sion upon the British admiral and officers, but an equally impressive 
and more happy one upon those of the American navy then in Mon- 
terey. For himself the undersigned can say, that, after he had seen 
Captain Fremont's command, all his doubts regarding the conquest 
of California were removed. 

Question. Do you know anything of the arrival of a launch from 
the bay of San Francisco before Commodore Sloat took Monterey; 
and also whether he heard anything by that launch, or through the 
consul, Thos. O. Larkin, or otherwise, of the operations of Cap- 
tain Fremont on the north side of the bay of vSan Francisco? 

Answer. A launch of the United States ship Portsmouth arrived 
at Monterey on the 5th of July, with a despatch from Captain 
Montgomery to Commodore Sloat. I do not know what the con- 
tents were; but I have always supposed they confirmed the infor- 
mation received from Thos. O. Larkin, the American consul, re- 
garding the operations of Captain Fremont on the north side of the- 
bay of San Francisco. My belief is, that the news communicated 



45 [75] 

by the launch hastened the occupation of the country. The launch 
returned on the 6th of July, and Monterey was occupied oh the 7th. 
Question. In what character, as friend or enemy, did Commo- 
dore Sloat enter the bay of Monterey, and how many days was he 
there before he took the town? 

Answer. Commodore Sloat entered the harbor of Monterey on 
tlie second of July, in the apparent character of a friend; a salute 
was tendered to the authorities on shore; the town was occupied on 
the fifth day after the arrival of the commodore. 

GEORGE MINOR, 
Lieutenant^ U. S. JV., February 14, lS-18. 
To the Honorable Lewis Cass, 

Chairman of the Committee of Military Affairs of the 
Senate of the United States. 



Questioji to Alexander Godey. 

Did you know, or understand from credible reports, that the 
Californian authorities were granting or selling the national do- 
main, or the missions, and on what terms; and what effect, if any, 
the revolutionary movement had in stopping these grants and sales'? 

Answer. In answer to the question of the honorable committee, 
I have to state, that there was a very general report that ihe Cali- 
fornian authorities were selling and granting tracts of land to for- 
eigners and others, not residents of the country; and it was gener- 
ally supposed that the movements of the settlers in the north, 
and the commencement of hostilities with Mexico, stopped and 
prevented the transfer^of said property. 

About December*! 8th, 1846, Don Andres Pico told me, when 
asked if he would sell the mission of Santa Margarita, that he 
would not, as it was not his property. A few days afterwards, say 
26th of the same month, Senor Pico came to me and said, "I can 
now sell you the mission of Santa Margarita." I said to him, '^ I 
thought you told me you could not sell that property, it not being 
yours." He replied, " I only transferred it to Don Julian Work- 
man, he being an Englishman, and have now received my papers 
again." 

In February, 1847, I inquired of the alcalde of San Gabriel, 
where good land could be procured; he informed me that it would 
be a very difficult matter, as all the government land in that sec- 
tion had been transferred to Mexicans, Englishmen, and non-resi- 
dents, for the purpose of keeping it from the possession of the 
United States authorities. 

Respectfully submitted. 

A. GODEY. 

Sworn to before me, this i9th of February, 1848. 

LEWIS CASS.' 



[ 75 ] 46 

Question to J. B. Childs. 

Did you know, or understand from credible reports, that the Cal- 
ifornian authorities were granting or selling the national domain,, 
or the missions, and. on what terms; and what effect, if any, the 
revolutionary movement may have had in stopping these sales 
and grants^ 

Answer. I did understand from credible report, that the Califor- 
nian authorities were making large grants of land, and selling the 
missions of the public domain, at very reduced prices. 

A large grant of land was made to an Irish priest, on the condi- 
tion, as I understood, that he was to bring emigrants from Ireland 
to settle it. 

The revolution, to the best of my knowledge, put an entire stop 
to such grants and sales. 

I know that General Vallejo left Sonoma for the purpose of at- 
tending a general council at Monterey, about the time the Irish 
priest, Macnamara, arrived in California, and a short time before 
the revolution in that cowntry-j and I recollect hearing that the 
English consul, Mr. Forbes, accompanied him to the Puebla de los 
Angeles, for the purpose of seeing the governor in relation to ob- 
taining a grant of land, upon which it was said a colony of British 
subjects was to be established. 

Very respectfully, your obedient servant, 

J. B. CHILDS. 

Sworn to before me, this 19th of February, 1848. 

LEWIS CASS, 



Question to Doctor Baldwin. 

Are you much acquainted in Mexico, and were you in the city 
of Mexico since the occupation of the same by the American troopsj^ 
and if so, did you see or hear of the priest Eugenio Macnamara,^ 
and of his application for a grant of land in California, and of the 
footing on which he stood with the principal British subjects, agents 
or authorities in Mexico 1 

Answer. I resided in the republic of Mexico from the year 1822 
until 1838, a period of sixteen years; during which, I made the ac- 
quaintance of many of the leading men of the country. 

I again entered Mexico (city) on the 14th of September, 1847, 
and remained there until the 1st of November; during that time, I 
made the acquaintance of the priest Macnamara, and from sources 
entitled to credit, I was informed that he had, under the auspices of 
the British legation, projected a plan to colonize California with 
emigrants from Ireland. His project had met the approbation of 
the Mexican government, and he went to California to perfect his 
plans., In the meantime, it was ascertained that the ulterior views 
of Macnamara, were to promote the interest of the British govern- 



47 [75] 

ment, and not the Mexican goyernment. A fierce opposition wa& 
contemplated by the republican members of Congress, when he 
should return with his matured plans from California; this resist- 
ance became unnecessary in consequence of the conquest of Cali- 
fornia by the arms of the United States. Macnamara lived in the 
family of either the British consul or charge des affaires in Mexico. 

JOHN BALDWIN. 

Sworn to before me, this 19th day of February, 1848. 

LEW. CASS. 

Questionto Dr. John Baldwin. 

What power, since the obstruction of the federal constitution 
in Mexico, has the authority to dispose of the public domain 1 

Question. Is that power taken away from the states, or depart- 
ments 1 

Question. How is what is called the executive council in 
Mexico appointed, and what is the general power of that council 
over the legislature and judicial department of the Mexican govern- 
ment ? 

Answer of John Baldwin to the questions propounded to him in 
writing by the Military Committee of the Senate. 

1st. On the 27th November, 1846, Jos6 Mariano Salas, then in 
charge of the executive power of the United States of MexicOj 
decreed as follows: 

"To the inhabitants of the republic, greeting: Know ye, that 
I am authorized, by the plan proclaimed in the citadel on the 4th 
August last, to dictate all measures necessary to sustain the public 
security of the republic; and, believing that one of the most 
necessary and urgent is to promote foreign immigration to people 
our immense territories, at present the object of a foreign nation's 
avaricej that,*to carry this object into effect, it is indispensably 
necessary to establish the Direction of Colonization previously de- 
creed, in order that it may labor with zeal and efficacy in the rapid 
augmentation of the population, from which great benefits are ex- 
pected. Economy of the public treasure being a primary rule of 
conduct, the aforesaid Direction shall establish itself in the office 
destined for the Direction of Industry^ to which there can be no 
objection; I, therefore, decree §s follows: 

" 1. In conformity with the 16th rule established to carry into 
execution the law of 1st June, 1839, the Direction of Colonization 
shall be established under the immediate supervision of the Minis- 
ter of Relations. 

"2. This Direction shall be composed, in conformity with the 
aforesaid rule, of .three individuals nominated by the supreme 
government. 

"3. To obviate expense, the Direction of Colonization shall be 



[75] 



48 



established in the office of that of Industry, and shall exercise the 
functions and attributions of the last mentioned. In regard to 
colonization, it will be its duty to promote that object by all 
possible means; consulting with the government in all cases which 
may require a greater outlay than is derived from the sources of 
revenue placed at its disposal. It shall endeavor to procure a 
rapfd augmentation of population, and a consequent augmentation 
of the public revenue by the sale of vacant lands. It shall like- 
wise exercise the attributions given to it by the aforesaid law of 
1st June, 1839, as well as those for its own government which 
may be approved by the governmeut. , 

"4. The Direction of Coloni;g,ation :^nd . Industry shall have the 
revenues assigned to that of Industry by the decree of October 2, 
1843 — 5 per centum of the sales of land belonging to the federa- 
tion, as well as the nett proceeds of cifects confiscated and sold as 
contraband for being prohibited by lav/, and sold in the place where 
sequestrated, where alone they can be consuined; or if, in future, 
goods now prohibited should be admitted by law, it shall receive 
20 per centum of the duties collected from that source. 

"I, therefore, order that this decree be printed, published, and 
fully complied with. 

"Palace of the general government. Mexico, November 27, 
1846. 

"JOSE MARIANO DE SAL AS. 

"To Jose Maria Lafraqua." * 

On the 4th of December, 1846, Salas published another decree, 
in which are approved the rrles and regulations d^awn up by the 
Direction for the measurement and sale of the public domain. 
The regulations are 56 in number, ^.nd appear to have been formed 
after the principles which direct our public domain. The 35th 
regulation is deserving of notice. The Direction may contract 
with individuals or companies for the formation of ucav colonies 
on the following basis: None of the colonists introduced shall be 
subjects of or natives of a pation whose territory is coterminous 
with the lan^ about to be ceded for colonization, nor shall the 
colonists come from or through the aforesaid coterminous territory, 
nor shall they be subjects of a„ nation with whom this republic is 
at war. The government, for special reasons, may make excep- 
tions to this genera! rule. 

2d. The aforesaid decrees are isued in the name of the United 
Mexican States, and p.rovcrs that the power was taken away from 
the States to "dispose of the vacan^lf^nds within their State juris- 
diction. I think it fs an arrogatioii of power not conceded by the 
constitution of 1-824; and I am strengthened in this opinion by the 
fact, that when an attempt was made by the general government, in 
1826, to colonii^e the Guanacualco river, in the State of Vera Cruz, 
the State interposed, and the^tgeneral government was obliged to 
concede that the,land belonged to the State. , 

3d. To the third interrogatory propounded by the committee. 
the respondent is without any positive data on which to base a 



49 [ 75 ] 

reply. Although he is in possession of the constitution of 1824, as 
well as of all the sovereign States of the Mexican republic, he is not 
in possession of the constitution adopted by thee entral government 
of Mexico in 1836; he cannot, in consequence, state whether the 
executive council of the government of Mexico has its origin in 
the central organic law, or whether it emanates from a statute law. 
His impression is, that it is the creation of some executive, author- 
ized by some revolutionary plan, promulgated by the bayonet, for 
the purpose of shielding the military despot of Mexico from all 
responsibility for whatever atrocities he might commit against the 
public or individual welfare. 

JOHN BALDWIN. 



Deposition of William H. Russell^ before the Military Committee 
of the United States Senate, on the subject of the memorial of 
Lieutenant Colonel J. C. Fremont, concerning California, 

This deponent joined Colonel Fremont, in the month of October, 
1846, at the month of San Francisco bay, and continued with him 
uninteruptedly, until he left the country finally, by the orders of 
Colonel Fremont, somewhere about the latter end of March, 1847. 

He states that, when he joined Colonel Fremont, he found him 
destitute of almost every necessary supply to wage or carry on a 
successful war. His force was still small, badly armed, and their 
equipment meagre, and of inferior quality; but that, in a very short 
time, by an activity and energy, for which he is remarkable, he 
augmented his command until it amounted to a number exceeding 
400 men, well provided with arms, including several pieces of ar- 
tillery, horses, means of transportation, &c., &c. 

This deponent, being appointed aid to Colonel Fremont, and 
master of ordnance of the battalion, and a member of his military 
family, had an ample opportunity of becoming acquainted and 
familiar with the expenses incurred in that country, including a 
large amount that had been made, even before his junction with 
the army. His appointment of secretary of state, by Commodore 
Stockton, made his office the medium through which information of 
the indebtedness, and the affairs generally of the territory, were 
communicated to Governor Fremont. 

This deponent, with such advantages as his position in California 
afforded him, after a full and free interchange of opinions with the 
other witnesses who were with him, declares it, as his decided 
opinion, that the expenses unavoidably incurfed in carrying on or 
prosecuting the war, embracing every branch of expenditure inci- 
dent to the embarassed and difficult character of the service, in a 
distant land, including the unavoidable waste and destruction of 
property, growing out of the almost unequalled hardships of the 
service, together with the support of the civil government, neces- 
sarily expensive o» account of the unsettled condition of affairs, 
and the assiduous efforts of Governor Fremont to maintain peace 
4 



[75] 



fr 







and tranquility in the country, cannot certainly be met by a sura 
less than six hundred thousand dollars. 

The difficulty of procuring every thing needful in the then unsettled 
condition of affairs in that country, and the consequent high prices, 
the paucity of American population, and the urgent necessity of 
raising troops with as little delay as possible, compelled the officers, 
as the only means of success, to promise or stipulate additional 
pay for their services, and the exorbitant rate of interest demanded 
for such sums of money as were indispensably necessary to be raised 
for the service, all tend to swell the total amount, and prove why 
it is that a less sum than six hundred thousand dollars would be 
insufficient to meet the true outstanding amount. 

Your deponent states that, in consequence of the wise and humane 
treatment of Colonel Fremont towards the conquered population, 
his popularity became very great in the country, and enabled him 
to do what no other man, I confidently believe, could have done, 
to obtain supplies on credit, and simply by pledging his word that 
his acts would be ratified by his government. 

Your deponent offers this brief statement only as a synopsis of 
what he can testify, suggesting that, if it is the pleasure of the com- 
mittee, he is prepared to answer such interrogatories as will lead to 
the conclusion that a specification of the items will make up the 
sum total. 

Questions /o Colonel William H. Russell by the connnittee. 

Did you know, or understand from credible reports, that the 
Californian authorities were granting or selling the national domain 
or missions, and on what terms, and what effect, if any, the revo- 
lutionary movement may have had in stopping these grants and 

sales 1 , 

Answer. It was understood, and a common subject of conversa- 
tion in all the intelligent circles of California, whether natives or 
foreigners, that the authorities of that province were, with alarming 
haste, granting or selling the mission property and other portions 
of the public domain, a short time previous to the revolutionary 
movement, at inconsiderable, indeed at almost nominal prices. 

The Macnamara grant was a topic of free and very general con- 
versation, and it was uniformly asserted, and I believe credited, 
that the revolutionary movement in Sonoma was the sole cause of its 
prevention. 

I myself entertain the confident belief that the most valuable 
portion of the beautiful valley of San Joaquin, and the wealthy 
missions of the country would have been ceded and granted away, 
but for the opportune hoisting of the bear flag, which completely 
suspended or defeated the entire plan or arrangement. 

Question. Do you know whether any considerable number of 
the American emigrants to the Sacramento joined the California 
battalion, and under what circumstances of disadvantage and sacri- 
fice to themselves, and how far the said battalion was influential in 
terminating the war 1 



51 [ 75 ] 

Answer. I was chosen, in the spring of 1846, to be commander 
of the American emigrant party who left Independence, Missouri 
for California; and I state, from positive knowledge, that the men 
belonging to this emigration constituted more than half of the Cali- 
fornia battalion, under the command of Colonel Fremont. The 
entire force numbered about 450 men, and those derived from the 
emigration could not have been less than 250. 

I first ;Utached myself to Colonel Fremont at the mouth of the 
San Francisco bay, and embarked with him, on the merchant ship 
Sterling, for the southern portion of the territory, then the seat of 
a formidable insurrection. After being at sea about two weeks, he 
considered it proper to return to Monterey, and I was then sent by 
him, with a small escort, to Sutter's settlement, on the Sacramento, 
to enlist men, obtain horses, purchase arms, munitions, and other 
things, considered by him necessary, to enable him to march down 
by land. The emigrants were just then arriving in the country, 
were unprovitled with homes, and many of them destitute of the 
necessary means of subsistence. By the precautionary order of 
Colonel Fremont, I made arrangements with Captain Sutter and 
others for shelter and subsistence for ^their families, and thereby 
succeeded in enlisting the greater portion of the men to join Co- 
lonel Fremont. In the then unsettled condition of the country, 
and the circumstances under which the emigrants had reached or 
come into it, joining or uniting with the army at the time, was un- 
doubtedly attended with danger to their families, and great sacrifice 
of feeling and property, and entitled them, as I then and still think, 
to the most favorable consideration of the government, 

I purchased from the emigrants, for the use of the battalion, 
■wagons, arms, munitions, and other necessary equipments, all of 
"which said articles, to the great prejudice of these worthy people, 
still remain unpaid. I knew that the California battalion rendered 
the most important and essential service in the subjugation of the 
country. Indeed, I considered but for Colonel Fremont and his 
mounted riflemen, that .the conquest of California could not then 
have been effected by the United States forces -then on the Pacific 
coast. At the "capitulation of Don Andres Pico to Colonel Fre- 
mont, he and other Californians boldly declared their determination 
never to submit to any other officer than him, and on the terms 
granted in the capitulation of Cowenga, of which I was one of 
the negotiators. 

I hesitate not to give it as my decided opinion that the capitu- 
lation of Cowenga on the 13th January, 1847, was the main cause 
of saving the country from a bloody, vexatious, predatory warfare, 
that would necessarily have been protracted for a considerable 
length of time. 

I remained at Los Angeles over two months after the capitula- 
tion, and became well acquainted, and conversed much with the 
families in that part of the country, and from all I could learn, the • 
good results of that treaty in preventing a guerrilla warfare was 
fully confirmed. 



[ 75 ] 52 

Question to Colonel Russell. 

Do you know the rate of interest in Calfornia, and what amonnt 
of interest was legally chargeable on contracts and notes after 
they became due? 

Answer. I think the statement made by Mr. Ward is correct. I 
have understood that two per cent, per month was chargeable on 
contracts and notes after they became due, and was considered the 
legal interest. 

WM. H. RUSSELL. 

Sworn and subscribed to before me, this 22d day of February, 
1848. 

LEW. CASS. 



Questions to Eugene Russell and Thomas E. Breckem-idge. 

Were you both a part of Fremont's topographical corps on his 
last and third expeditionj and were you, also, a part of the Cali- 
fornia battalion ? 

Answer. We were; we went with the then Captain Fremont from 
Missouri, and were with him in the operations with the American 
settlers in establishing independence; and, afterwards, in the first 
expedition to Los Angeles, by sea as far as San Diego, when Com- 
modore Stockton was commander-in-chief; and, afterwards, in the 
second expedition to Los Angeles, under the immediate command 
of Colonel Fremont by land, from near Monterey, in the winter of 
1846 and 1847. 

Question. When and how did you join Colonel Fremont in the 
march with his battalion from near Monterey to Los Angeles; and 
what do you know of the services rendered by said battalion 1 

Answer. After the first conquest of Los Angeles, in August, 1846, 
we were part of the force that returned towards the north under 
Colonel Fremont; and, at Santa Barbara, at the request of the in- 
habitants, he left us and eight more as a garrison. The other eight 
were Theodore Talbott, Charles Scriver, William Chinook, an 
Indian lad of the Chinook tribe, John Stevens, a French creole of 
the name of Durand, and one other French creole by name of Jo- 
seph Moulton, Francis Briggs, and a New Mexican Spaniard of the 
name of Manuel. Except three^ Durand, Stevens, and Manuel, we 
were all about twentj years of age. In less than two weeks after 
he left, we got news of the insurrection at Los Angeles, and the 
success of the insurgents to the south of us, and were insured that 
we should be attacked. The first intelligence of our danger we 
received from the ladies of Santa Barbara, who urged us to escape, 
and when we refused, they offered to conceal us. In a few days a 
considerable mounted force appeared, said by themselves to be 
two hundred and fifty, but, as we afterwards learned, about one 
hundred and fifty, and a written summons signed Flores, com- 



53 [ 75 ] 

mander-in-chief of the Mexican forces, was sent to us to surrender, 
with a promise to spare our lives, and let ns go on parole, and two 
hours allowed for us to decide; it was then near dusk. The Ame- 
rican residents in Santa Barbara came in and recommended us to 
surrender, saying it was impossible for us to escape; one of them, 
named Sparks, from St. Louis, said, at the fire of the first gun, we 
might count him one; he afterwards joined Colonel Fremont. We 
determined not to surrender, and to make our way to the moun- 
tains, a spur of which came down to the town. In about half an 
hour we started — the moon shining — and soon approached a small 
picket guard, which gave way and let us pass. We then gained 
the mountains, and relied on our rifles to keep off both men and 
cavalry. We staid eight days on the mountains, in sight of Santa 
Barbara, watching for some American vessel to approach the coast. 
We suffered greatly for provisions, and attempted to take cattle 
or sheep in the night from Santa Barbara, but, for want of a lasso, 
could only get a lean old white mare, which was led up on the 
mountains and killed for food; it was all eaten up. Despairing 
of relief by sea, and certain we could not reach Colonel Fremont 
in the north by going through the settled country, we undertook 
to cross the mountains, nearly east, into the San Joaquin valley, 
and through the Tulares (Bullrush) Indians, thus making a 
circuit' of nearly five hundred miles. Before we left our camp in 
the' mountains, the insurgents attempted to burn us out, by setting 
fire to the mountains around us; and once sent a foreigner to us to 
urge us to surrender, but we would not. They did not often ven- 
ture near enough for us to fire on them, but would circle round us 
on the heights and curse us in Spanish; when we had any chance 
of hitting, we fired and saw once a horse fall. It took us three days to 
cross the first ridge of the mountains, during which time we had 
nothing but rosebuds to eat. The ascent was so steep, rocky, and 
bushy, that at one time it took us h".lf the night to gain about three 
hundred yards; after crossing the first mountain, we fell in with an 
old Spanish soldier at a rancho, who gave us two horses, dried beef 
for our support, and became our guide over the intervening moun- 
tains, about eighty miles wide, to the San Joaquin valley. We pur- 
sued that valley down towards the Monterey settlements, where we 
expected to find Colonel Fremont, and did so, after being thirty-four 
days from Santa Barbara, and travelling at least five hundred miles. 
Colonel Fremont was just ready to march with his battalion to the 
south; we took our places in it, and had a share in all the opera- 
tions ol the battlion, and know that it rendered great service in pa- 
cifying the country, and obtaining the capitulation of Cowenga. 
On the march down, we suffered much from cold winter rains, and 
lost horses every day, and it is believed lost a hundred on Christ- 
mas day, crossing the Santa Barbara mountains. We came through 
Santa Barbara on our return, and were joyfully received by our 
old acquaintances there; they thought us all dead, for the moun- 
tain had never been crossed before, at t"he place that we went over, 
and those who examined an old camp in the mountains, after we 
left it, finding there some bones of the old mare, reported them to 



[75] 



54 



be our bones, and all that was left of us after the attempt to burn 
us out. The people of Santa Barbara, generally, and the compas- 
sionate ladies, especially, showed real joy at seeing us alive, and 
hospitably treated us while the battalion stopped in passing their 
town, 

R. E. RUSSELL, 

T. E. BRECKENRIDGE. 

Sworn »to and subscribed before me, this 23d day of February, 
1848. 

LEW. CASS. 



Question to Marion Wise. 

Did you know, or understand from credible reports, that the 
Californian authorities were granting or selling the national do- 
main, or the missions, and on what terms; and what effect, if any, 
the revolutionary-movement may have had in stopping these grants 
and sales? 

Answer. I did understand, from credible report, that the Califor- 
nia authorities were making large grants of land, and selling the 
missions of the public domain at very reduced prices. A large grant 
of land wa^ made to an Irish priest, on tie condition, as I under- 
stood, that he was to bring emigrants from home to settle it. The 
revolution put an entire stop to such grants and sales, to the best 
of my knowledge. 

MARION WISE. 

Sworn to and subscribed before me, this 22d February, 1848, 

LEWIS CASS. 



Question to Marion Wise, Josiah Ferguson.) Jerome C. Davis, Tho- 
mas E. Breckenridge, Alexander Godey, L. C. Vincenthaler, 
Joseph B. Childs, Richard Owens, Samuel Hensley, Eugene Rus- 
sell, Risdon Moore, a?id William JV. Loker. 

How many horses, in the whole, do you agree in believing to 
have been obtained from the inhabitants, or taken for the use of the 
United States, during the war in California, either by orders of 
Colonel Fremont or those acting under him? 

Answer. As near as we can recollect, we would say there was not 
less than six thousand horses taken, from the commencement of the 



55 _ [75] 

revolution up to the time we left, or the end of the war, including 
all taken by other commands as well as Colonel Fremont. 

Vv'ILLIAM N. LOKER, 
R. OWENS, 
JEROME C. DAVIS, 
RISDON A. MOORE, 
JOSIAH FERGUSON, 
MARION WISE, 
THOS. E. BRECKENRIDGE, 
L. D. VINCENTHALER, 
R. E. RUSSELL, 
J. B. CHILDS, 
A. GODEY. 



The undersigned was engaged, under Commodore Stockton, in 
the southern part of upper California, and upper part of lower Cali- 
fornia, where horses were comparatively few. In that section, the 
number taken was about five hundred. From general information, 
obtained from the natives of the country, the number above stated 
(six thousand) to have been the number taken in the co*Qrse of opera- 
tions during the revolution and war, I believe to be correct. 

SAMUEL J. HENSLEY. 

Sworn and subscribed to before me, this 21st February, 1848, 

LEWIS CASS, 
Chairman of the Committee. 



Question to Colo?iel Fremont^ Captain Hensley, and Colonel Childs. 

Over what extent of country do you think there were transactions 
out of which claims may justly arise; and at what places do you 
think a commissioner or commissioners should sit for the adjudication 
of claims, so as to have the whole examined in the shortest time, 
and the business closed up; and what length of time do you think 
it would require for a commissioner or commissioners, acquainted 
with the country and with prices, and with the general nature of 
the claims, to audit and adjust the same? 

Answer. The extent of country over which there were transac- 
tions which would give rise to claims would be about twelve hun- 
dred miles, from north to south, reckoning from Sonoma and the 
northern settlements of the Sacramento to San Vincente, the old 
capital of lower California. The proper places at which to exam- 
ine and adjudicate the claims would be as follows, viz: 

1. New Helvetia. 

2. Sonoma. 

3. San Francisco. 

4. Puebla de San Jose. 



[75] 



56 



5. Monterey. 

6. San Luis Obispo. 

7. Santa Barbara. 

8. Ciudad de los Angelos. 

9. San Diego. 

10. San Vincente. 

Nine months or a year would probably be the shortest time which 
would be required for a commissioner or commissioners to examine 
and adjust the claims. And I further believe, that justice to the 
claimants, and the interest of the government, make it expedient 
that the commissioner or commissioners should be acquainted with 
the country and with prices, and with the general nature of the 
claims, in order rightfully to audit and adjust the same. 

J. C. FREMONT. 
SAMUEL J. HENSLEY, 
: J. B. CHILDS. 

Sworn and subscribed to by S. J. Hensley, this 21st of February, 
1848. 

LEWIS CASS, 
Chairmaji of the Committee. 

February 28, 1848. — Sworn to and subscribed before me, by J. C. 
Fremont and J. B. Childs. 

LEWIS CASS. 



Question to R. Moore. 

Did you know^, or understand from credible report, that the 
Californian authorities were granting or selling the national do- 
main, or missions, and on what terms; and what influence the revo- 
lutionary movement may have had in stopping the sales and grants'? 

Answer. It was credibly reported that the Californian authori- 
ties were selling and granting the national domain and missions. 
A large tract of land, situated in the Joaquin valley, w^hich em- 
braced the best part of the country, was granted to an Irish priest 
by the name of Macnamara, for the purpose of forming a colony; 
and the missions of St. Gabriel and St. Louis Rey were sold, or 
about being sold, to private individuals for less than one-tenth of 
their value. 

My belief is that the movement of Col. Fremont interfered with, 
if not entirely put a stop to, such sales and grants. 

RISDON A. MOORE. 

Sworn to and subscribed before me, this 22d February, 1848. 

LEW. CASS. 



57 [75 J 

Question to Eugene Russell. 

Did you know, or understand from credible report, that the Cali- 
fernian authorities were granting or selling the national domain, or 
the missions, and on what terms; and what effect, if any, the revo- 
lutionary movement had in stopping these sales and grants'? 

Answer. I have no doubt that it was the intention of the Cali- 
fornian authorities to grant away or cede the missions, and much 
other of the public domain of the country. It was the subject of 
much conversation; and the Macnaraara grant, in the valley of St. 
'Joaquin river, particularly, it is believed, would have been dis- 
posed of in a very short time but for the revolutionary movement at 
Sonoma. 

I have no doubt that the bear flag saved a large portion of the 
most valuable property in California from passing into the hands 
of foreigners for a consideration by no means commensurate with 
its value. 

R. E. RUSSELL. 

Sworn to before me, this 19th day of February, 1848. 

LEW. CASS. 



Question to Thomas Brcckenridge. 

Did you know, or understand from credible report, that the Cali- 
fornian authorities were granting or selling the national domain, or 
the missions, and on what terms; and what effect, if any, the revo- 
lutionary movement had in 'stopping these grants or sales? 

Answer. I know, and have heard from credible report, that the 
Californian authorities were selling and granting the national do- 
mains and missions — a large tract of land situated in the Joaquin 
valley — to an Irish priest for the purpose of forming a colony; and 
Ihe mission of St. Gabriel, situated about 8 or 10 miles from the 
Pueblo, was sold by the government authorities to Workman and 
Reed for about one-tenth of its value. 

My belief is that the movements of Col. Fremont did interfere 
with all such grants and sales. 

THOS. E. BRECKENRIDGE. 

Sworn to and subscribed before me, this 22d February, 1848. 

LEW. CASS. 



Question to Josiah Ferguson. 

Did you know, or understand from credible report, thit the Cali- 
fornian authorities were granting or selling the national domains 
or the missions, and on what terms; and what effect, if any, the rev- 
olutionary movement may have had in stopping these grants and 
sales? 



[75] 58 

MILITARY COMMITTEE OF THE SENATE. 

Answer to the above question proposed to him hy the military com- 
mittee of the Senate of the United States. • 

I did understand, from credible report, that the Californian au- 
thorities were selling and granting the national domains and mis- 
sions. A large track of land situated in the St. Joaquin valley was 
granted to an Irish priest for the purpose of forming a colony; and 
the mission of St. Gabriel, situated about 8 or 10 miles from the 
Pueblo de los Angeles, by the government authorities, to Workman 
and Reed for about one-twelfth its value. My belief is, that the 
movements of Colonel Fremont did interfere with such grants and 
sales. 

JOSIAH FERGUSON. 

Sworn to and subscribed before me, this 22d February, 1848. 

LEW. CASS. 



Question to Jerome C. Davis. ' 

February 9, 1848. 

Did you know, or understand from credible reports, that the Cal- 
ifornian authorities were granting or selling the national domain, or 
the missions, and on what terms; and what effect, if any, the revo- 
lutionary movement may have had in. stopping these grants and 
sales? 

Answer. I know, and have heard from credible report, that the Cal- 
ifornian authorities were selling and granting the national domains 
and missions. A large tract of land, situated in the Joaquin valley, 
was granted to an Irish priest for the purpose of forming a colony; 
and the mission of St. Gabriel, situated about 8 or 10 miles from 
Pueblo de los Angeles, by the government authorities, to Workman 
and Reed, for about one-twelfth its value. My belief is, that the 
movements of Colonel Fremont did interfere with such grants and 
sales. 

J. C. DAVIS. 

Sworn to and subscribed before me, this 28th February, 1848. 

LEW. CASS. 



Deposition of L. D. Vincenthaler before the Military Committee of 
the United States Senate. 

This deponent states, that he was a private in the California bat- 
talion, under the command of Colonel Fremont, in his recent opera- 



59 [ 75 ] 

tions in that country; that he joined the command about the 8th of 
October, 1846, and continued with him (Colonel Fremont) through- 
out his entire operations in that country, and returned with him to 
the United States in the month of August last. 

He fully concurs with all the other witnesses in regard to the 
prudejice, economy, and ability of Colonel Fremont, both in his 
military and civil operations, and knows that a large debt was un- 
avoidably incurred in carrying on or prosecuting the war, which he 
heard estimated in California as amounting to a sum exceeding half 
a million of dollars. The items making up this sum total consisted 
of large numbers of horses, cattle, arms of all descriptions, ammu- 
nition, clothing, and subsistence for the troops. 

This deponent also knows, that at different times considerable 
sums of money were borrowed with a view to make partial pay- 
ment to the troops; and that eventually scrip, or certificates of the 
balance due them w«s issued, which he believes for the greater 
amount to be still unpaid. 

Very respectfully, your obedient servant, 

L. D. VINCENTHALER. 

Question to L. D. Vincenthaler. 

Did you know, or understand from credible report, that the Cal- 
ifornian authorities were granting or selling the national domain, or 
the missions, and on what terms; and what effect, if any, that revo- 
lutionary movement had in stopping these grants and sales'? 

Answer. I did understand from credible report that the Califor- 
nian authorities were making large grants of land, and selling the 
missions of the public domain at very reduced prices. A large 
grant of land was made to an Irish priest on the condition, as I un- 
derstand, that he was to bring emigrants from Ireland to settle it. 
The revolution put an entire stop to such grants and sales, to the 
best of my knowledge. 

L. D. VINCENTHALER, 

Sworn to and subscribed before me, this 22d February, 1848. 

LEW. CASS. 



Jinswer to question propounded by the Military Committee of the 

Senate. 

I know, and also have heard from credible authority, that the 
California authorities were granting the national domain and mis- 
sions. 

One of the conditions of the large grant to Macnamara, I have 
understood was, that he should place a certain number of Englisii 
or Irish emigrants upon the property within a certain time. Some 
grants have been made to officers for public services, and some to 



[75] 



60 



foreigners, (on becoming citizens,) under the usual conditions of 
, grants in that country. 

I do not think that the revolutionarji movements under the bear 
flag had any effect in stopping these grants, as I know of some 
that were made within three days of the hoisting of the United 
States flag by Commodore Sloat. 
Respectfully, 

FRANK WARD. 
Washington, Fehruary 8, 1848. 

Questio7is to Mr. Frank Ward. 

What time did you arrive in California 1 

Answer. On the 30th of July, 1846. 

Question. What grants do you speak of as being made three 
days before Commodore Sloat hoisted the flag* 

Answer. A grant to the Hudson Bay Company in the town of 
San Francisco, and some mission property.' 

Question? When was the flag hoisted by Commodore Sloat ? 

Answer. The 7th of July, 1846. 

Question. Do you know of the rates at which bills were selling 
while you were at California, and what per cent, was paid for 
money ? 

Answer. Government has paid from 12 to 20 per cent, on bills 
of the United States ; and it is my impression that there has been 
paid as high as 25 per cent. 

The legal interest for money in California is two per cent, a 
month, and three per cent, a month is very often paid. 

FRANK WARD. 

Sworn and subscribed to before me, this 17th February, 1848. 

LEW. CASS, 
Chairmari of the Committee on Military Affairs. 



Deposition of Mr. Fauntleroy. 

Washington, Fehruary 16, 1848. 

Sir : I herewith reply to questions put to me by your honorable 
committee. 

Question 1st. Were you a purser in the United States navy on 
the California station, within a few years past ; and if so, can you 
state at what rate money was raised there on government bills ; and 
also what was the rate of interest on money in California during 
the time you w^ere there ? 

Answer. I was a purser in the navy of the United States on the 
California station on board the frigate Savannah, from the 2d of 
February, 1846, to the 26th March, 1847. The rate of exchange, I 
believe, was twenty per cent.; that pursers of the squadron had 



61 [ -75 ] 

drawn at that rate; and, I believe, a higher rate of interest had 
been given in other instances. I had occasion to draw, myself, 
several times, first in favor of Mr. Frank Ward, a i^entleman from 
New York, and merchant of Yerba Buena, who very liberally re- 
duced the exchange to twelve per cent., much to the annoyance of 
capitalists of that country ; but on the ship leaving for the United 
States, I was compelled to give fifteen per cent, in favor of another 
person. 

The rate of interest for money loaned,! think, was two per cent, 
a month. 

Question 2d. What do you deem the best way for the govern- 
ment to place seven or eight hundred thousand dollars in Upper Cali- 
fornia, to pay out there to those who have performed military ser- 
vice, or furnished supplies to the troops in the service of the United 
States? 

Answer. The government can purchase Mexican or South 
American doubloons, in New York and northern ports, from fifteen 
and a half to fifteen and three-quarters of a dollar, or at a much 
less rate in Rio Janeiro; which doubloons are counted in California 
at sixteen dollars ; and sending that amount by a government ves- 
sel to that country, would save twenty-five or more thousand dol- 
lars by so doing. 

I have the honor to be, very respectfully, your obedient ser 
vant, 

D. FAUNTLEROY. 

To the Hon. Lewis Cass, 

Chairman of the Committee on Military Affairs of the 

Senate of the Ujiited States. 

P. S. In addition to my answer to the second question, I would re- 
spectfully say, the government would be benefitted by the appoint- 
ment of an agent of character and responsibility, for the disburse- 
ment of the funds alluded to, and a gentleman familiar with the 
people and country of California, and having a knowledge of the 
claims to be adjudicated. 

Very respectfully, 

D. FAUNTLEROY. 

Sworn and subscribed to before me, this 17th February, 1848. 

LEW. CASS, 
Chairman of the Committee of Military Affairs. 



List of Officers composing the California Battalion. 

J. C. Fremont, commanding. 
A. H. Gillespie, major. 
P. B. Reading, paymaster. 
Henry King, commissary. 



[ 75 ] 62 

J. R. Snyder, quartermaster, since appointed a' land surveyor by 
Colonel Mason. 

Wm. H. Russell, ordnance officer. 

T. Talbot, lieutenant and adjutant. 

J. J, Myers, sergeant major ; appointed lieutenant in January, 
1847. 

Company A. 

Richard Owens, captain. 

Wm. N. Loker, 1st lieutenant, appointed adjutant, Feb. 10th, 
1847. 

E. M. Hudspeth, 2nd lieutenant, appointed captain, Feb. 1847. 
Wm. Findlay, " " " «' " " 

Company B. 

Henry Ford, captain. 

Andrew Copeland, 1st lieutenant. 

Company C. 

Granville P. Swift, captain. 
Wm. Baldridge, 1st lieutenant. 



Wm. Hartgrove, 2nd " 



Company D. 



John Sears, captain. 

, lieu 

Company E. 



Vm. Bradshaw, 1st lieutenant. 



John Griggsby, captain. 
Archibald Jesse, 1st lieutenant. 

Company F. 

L. W. Hastings, captain, (author of a work on California.) 
Wornbough, 1st lieutenant. 
J. M. Hudspeth, 2nd " 



Thompson, captain. 
Davis, 1st lieutenant. 
Rock, 2nd " 



R. T. Jacobs, captain. 



Ccmpany G. 



Company H. 



63 [ 75 ] 

Henry Bryant, 1st lieutenant, (afterwards alcalde at San 
Francisco.) 

Geo. M. Lippencot, 2nd lieutenant, of New York. 
« 

Artillery Company. 

Louis McLane, captain, (afterwards major.) 

John K. Wilson, 1st lieutenant, appointed captain in January, 
1847. 

Wm. Blackburn, 2nd lieutenant, (now alcalde of Santa Cruz.) 

Officers on detached service and doing duty at the south. 

S. Hensley, captain. 

S. Gibson, '' (lanced through the body at San Pascual.) 

Miguel Pedroreyna, captain, Californian, (appointed by Stock- 
ton.) 

Stgo. Arguello, captain, Californian, (appointed by Stockton.) 
Bell, captain, (appointed by Stockton,) old resident of Califor- 
nia, (los Angeles.) 

H. Rheusaw, 1st lieutenant, (appointed by Stockton.) 

A. Godey, " " " " " 

Jas. Barton, " " '' " " 

L. Arguello, " " Californian, (appointed by Stockton.) 



APPENDIX 



LETTERS OF THE U. S. CONSUL AT MONTEREY- 

Colonel Fremont offers to the committee, as authentic evidence 
in relation to the origin of the difficulties with the Mexican author- 
ities in California, the following letters, and extracts of letters, 
from the U. S. Consul, at Monterey, to the Secretary of State, and 
others, all showing the sreat care which he took to avoid giving 
offence to the said authorities when he entered California in the 
winter of 1845-'46, and the necessity of the defensive measures 
which he then took, and his departure from the country to avoid 
compromising either his government or the American settlers. 
Contrary to expectation, his departure, instead of quieting Governor 
Castro, seemed to have had the contrary effect, as proved by testimony 
already given; and, in the month of June, rendered hostilities, in 
self-defence, unavoidable. 



Consulate of the United States, 

Monterey, California, March 4, 1846. 

Sir: The undersigned has the honor to inform the honorable Sec- 
retary that Captain J, C. Fremont arrived within this department 
in January last, with his party of fifty men, and was at the house 
of the undersigned a few days, during the last month, for the pur- 
pose of getting funds for refitting and clothing his party; which 
he received as far as could be procured. He is now in this vicinity 
surveying, and will be again at this consular house during this 
month. He then proceeds for the Oregon, returns here in May, and 
expects to be in Washington about September. To this gentleman 
is due, from the government, unqualified praise for the patience, in- 
dustry, and indefatigable perseverance in the attaining the object 
he is engaged in. 

Captain Fremont passed three degrees south of Fort Hall, having 
taken a route supposed to be a desert, which made his distance to 
California eight or nine hundred miles less. He considers the dis- 
tance from Independence to Monterey about one thousand nine hun- 
dred miles. He describes the new route he followed far preferable, 
not only on account of the less distance, but it is less mountainous, 
with good pasturage, and well watered. The second day of his ar- 
rival in Monterey, he visited the commandante general, prefecto 
and alcalde; and by verbal request of the general, informed him of- 
ficially of his object in visiting California. The undersigned for- 
wards, with this, the two annexed letters respecting Captain Fre- 
mont's arrival. 

I am, sir, with the highest respect and consideration, your most 
obedient servant, 

THOMAS O. LARKIN. 

To the Hon. Sbcretary of State, 

City of Washington. 



65 [ 75 ] 

Consulate of the United States, 

Monterey, March 9, 1846. 

Sir: Enclosed you have a copy of my answer to the general and 
prefecto of this place, one to Captain Fremont, and the second let- 
ter from the prefect. Captain Fiemont is eight or nine leagues from 
this place, encamped, intending to move as soon as the state of hs 
horses will permit. There will be two to three hundred people 
collected together to-n\orrow, with the intention of attacking the 
camp. Captain Fremont has about fifty men — all men of confi- 
dence, and remarkably well armed. Neither himself or men have 
any fears respecting the result of the present state of affairs; yet, 
be the result for or against him, it may prove of a disadvantage to 
the resident Americans in California. I have at some [risk] de- 
spatched out two couriers to the camp, with duplicate letters, and 
this letter 1 send to Santa Barbara, in expectation of finding a ves- 
sel bound to Mazatlan. Having had over one-half of my hospital 
expenses of 1844 cut off, and know not why, and even my bill for 
a flag, I do not feel di posed to hazard much for governrnent- 
though the life of Captain Fremont and party may need it. I hardly 
know how to act. I have only received one letter (of June) from 
the department for the year 1845. In the month of February, Cap- 
tain Fremont, in my company, visited the general, prefecto and 
alcalde of this place, and informed them of his business; and there 
was no objection made. Within twenty days, the general says he 
has received direct and specific orders from Mexico not to allow 
Captain Fremont to enter California; which, perhaps^ accounts for 
the change of feelings with the people. 

I am, sir, with the highest respect and consideration, your obe- 
dient servant, 

THOMAS O. LARKIN. 

To the Hon. Secretary of State, 

City af Washington. 



Mote in pencil from Captain Fremont to the Consul Larkin^ from 
his entrenched camp at the Pic del Gavelano on the Sierra, thirty 
miles from Monterey, March 10, 1846. 

My Dear Sir: I this moment received your letters, and without 
waiting to read them, acknowledge the receipt which the courier 
requires immediately. I am making myself as strong as possible, in 
the intention that if we are unjustly attacked, we will fight to ex- 
tremity and refuse quarter, trusting to our country to avenge our 
death. No one has reached our camp, and from the heights we are 
able to see troops (with the glass) mustering at St. John's and 
preparing cannon. I thank you for your kindness and good wishes, 
and would write more at length as to my intentions did I not fear 
that my letter would be intercepted. We have in p.o wise done 
5 



75] 



66 



wrong to the people or the authorities of the countr)', and if we 
are hemmed in and assaulted here, we will die, every man of us, 
under the flag of our country. 

Very truly, yours, ; 

J. C. FREMONT. 

P. S. — I am encamped on the top of the Sierra, at the head v/a- 
ters of a stream which strikes the road to Monterey, at the house 
of Don Joaquin Gomez. J. C. F. 

Thomas O. Larkin, Esq.,- 

Consul for the United States y Monterey. 



Letter from Consul 0. Larkin to the U. S. Consul at Mazatlan^ ask- 
ing naval assistance for Captain Fremont. 

Consulate of the United States, 

Monterey y Calif or?iiay March 9, 1846. 

Sir: Enclosed with this, you will receive several copies of cor- 
respondence in this town, for the present week; also an ofllicial let- 
ter for the captain of any of our ships of war, you may have in 
your port on your receiving this letter. It is impossible 'to say 
whether Senor Castro, the prefecto, and the general will attack 
Captain Fremont; we expect such will be the case. I am just in- 
formed by Seiior Arce, the general's secretary, who has just come 
in from the general's camp, (St. John's,) that the whole country 
will be raised to force Captain Fremont, if they require so many. 
Senor Arce further says, the camp of the Americans is near Mr. 
Hartnell's rancho, on a high hill, with his flag flying; of the latter, 
I am not certain. As you are acquainted with this country and its 
people, you will advise with our naval captains on the subject of 
sailing immediately for this port. If the vessel is not actually ob- 
liged to go elsewhere, it is my earnest desire she sails for Monte- 
rey on the receipt of this, although everything may end peaceably 
amongst us. 

Believe me to be, yours, sincerely, 

THOMAS O. LARKIN. 
To John Parrot, Esq., 

United States Consul, Mazatlan. 



Letters from Consul Larkin to the Secretary of State. 
[Extracts.] 

Consulate of the U. S. of America, 

Monterey, March 27, 1846. 
Sir: Captain J. C. Fremont, of the United States army, arrived 
at this United States consular house ia Monterey, on the 27th of 



67 [ 75 ] 

January, 1846. Being very anxious to join his party of fifty men 
at the second place of rendezvous, without the settlement, they 
having missed the first place by mistake, he remained but two 
daysj in which time, with myself, he visited the commandant 
genera], prefecto, alcalde, and Colonel Alvarado, informing them 
that he was surveying the nearest route from the United States to 
the Pacific ocean. This information, and that his men were not 
United States soldiers, was also, by myself, officially given to the 
prefecto. Having obtained funds and supplies from myself, he re- 
turned to his camp; it being well known in Monterey that he was 
to return, when he collected his men. Some fifteen or twenty days 
after this. Captain Fremont with his party, encamped at a vacant 
rancho belonging to Captain Fisher, (about ninety miles from here,) 
to recruit his men and animals. From there, he proceeded towards 
Santa Cruz, making short journeys. On the 3d of March, he en- 
camped on the rancho of Mr. E. P. Hartwell, where he received 
letters from the general and prefecto, ordering him out of the coun- 
try, and to obey the order without any pretext whatever, or imme- 
diate measures would be taken to compel him to do so. This, not 
corresponding with assurances received at Monterey, it was not an- 
swered, and he gave orders to hoist the United States flag the next 
morning, as the only protection his men was to look to. From the 
7th to the 10th of March, they fortified their camp with a breast- 
work of logs. Encamped on a high-hill, which commanded a view 
of the surrounding country, they could see (with the use of spy- 
glasses) the general and his troops, numbering about two hundred 
men, at their camp, in the mission of St. John's, preparing their 
cannon. On the 9th instant, I sent duplicate letters; one by an 
American, who lost his papers, and the other by a Californian, to 
Captain Fremont, informing him of the movements of the Califor- 
hians. The California courier returned to the consulate in about 
nine or ten hours, bringing a letter from Captain Fremont, having 
travelled in that time sixty miles. He reported being Vv ell treated by 
Captain Fremont and his men; and that two thousand of his country- 
men would not he sufficient to compel him to leave the country^ although 
his party was so small. At the earnest request of the alcalde for a 
translation of C-.ptain Fremont's letter, it was given, and imme- 
diately despatched to the general at St. John's; and one also to the 
governor of the Puebla of los Angeles. The general informed the 
alcalde on the night of the 10th instant, that Captain Fremont had 
left his encampment, and that he (the general) should pursue and 
attack him the first opportunity, and chastise him for hoisting a 
foreign flag in California. In the postscript of the same letter, the 
general stated that Captain Fremont had crossed a small river, and 
was then about three miles distant from them ; but the general made 
no preparation to follow him. On the morning of the 11th, General 
Castro sent John Gilroy, an Englishman, long resident in this 
country, to make offers of arrangement to Captain Fremont. On 
his arrival at the camp ground, he found Captain Fremont had left 
with his party that morning ; the camp fires were still burning. 
He found in the camp the statf used for the flag, tent poles, (cut oa 



[75] 



68 



the spot,) some old clothes, and two old and useless pack saddles 
which the Californians have magnified into munitions of war. 
General Castro informed his party that he had received various- 
messages from the camp of Captain Fremont, threatening to exter- 
minate the Californians, &c.,(but will hardly name his messengers, 
nor did they put any confidence in it themselves.) From the lltb 
to the 13th, the natives had returned to their respective homes, to 
resume their customary occupation. A few people that were or- 
dered to march from San Francisco to join the general at his camp, 
returned to their homes. On the 12th, a proclamation was put up by 
the general in the billiard-room, (not the usual place,) informing the 
inhabitants that a band of highwaymen, ("6an(^o/ero^,") under Cap- 
tain Fremont, of the United States army, had come within the 
towns of this department; and that he, with two. hundred patriots, 
had driven them out, and sent them into the back country. Some 
of the officers of the two hundred patriots (and more were expected 
to join them) arrived in Monterey, and reported that the cowards 
had run, and that they had driven them to the Sacramento river; 
some added that they drove them into the bullrushes, on the plains 
of the Sacramento ; and that, in tl'eir haste, they had left some of 
their best horses behind. The horses proved to be those belonging 
to the Californians themselves, and had strayed into Captain Fre- 
mont's band, (being an every day occurrence in California,) and, 
on raising camp, they were turned out and left behind. Instead of 
the Americans being driven out of the country, they travelled less 
distance, for three or four days, than the natives did in returning 
to Monterey ; moving from four to six miles per day, in order to 
recruit. 



■ Consulate of the U. S. of America, 

Monterey.} April 2, 1846. 

Sir: In giving my first information to the department respecting 
Captain Fremont's arrival in California, I did not anticipate such 
an extensive correspondence as it has now reached. Captain Fre- 
mont was well received in this place, and to the last day we heard 
of him, by the natives individually, who sold him provisions, and 
liked his presence. During his encampment, thirty or forty miles 
from here, despatches were received by the commandant. General 
Jos6 Castro, (a native of Monterey,) from Mexico, ordering him to 
drive Captain Fremont out of this department; which order, with 
one hundred and seventy or two hundred men present, and over 
one hundred more daily expected, he pretended to execute. Cap- 
tain Fremont left his camp a few hours after he received the under- 
signed's letter of the 9th of March, (not from fright of General 
Castro,) as he had been preparing the week before to travel. It is 
supposed he has gone to St. Barbara, where an American was sent 
by the undersigned in February, with funds and provisions for his 
use. From there he proceeds on his journey, according to his 



69 [ 75 ] 

instructions from his department in Washington. Although from 
the correspondence it may appear that in the centre of a strange 
country, among a whole people with real or apparent hostile inten- 
tions towards him, that Captain Fr6mont was in much danger, it 
can be believed that he was only annoyed. Whether he will visit 
Monterey after this unexpected affair or not, is uncertain. 

The undersigned has not supposed, during the whole affair, that 
General Castro wished to go after Captain Fremont, and was very 
confident that with all California he would not have attacked him, 
even had he been sure of destroying the whole party, as five times 
their number could have taken their place before the expected bat- 
tle. Captain Fr6mont received verbal applications from English 
and Americans to join his party, and could have mustered as many 
men as the natives. He was careful not to do so. Although he 
discharged five or six of his men, he took no others in their place. 
On the return of General Castro, he published a flaming proclama- 
tion to the citizens, informing them that a band of bandeleros, 
(highwaymen or freebooters,) under Captain Fremont of the United 
States army, had come into this district; but with the company of 
two hundred patriots he had driven them away, and exhorted his 
companions and countrymen to be always ready to repel others of 
the same class. This proclamation was missing, from the place 
where it was put up, on the third day. 



Letter from the Consul^ Thomas 0. Larkin, to Captain Fremont. 

Consulate or the United States, 

Mo7}terey, California, March 10, 1846. 

Sir: Your letter of yesterday I received last night at 8 o'clock; 
I thank you for the same; It took from me a weight of uneasiness 
respecting your situation. The alcalde of Monterey has requested 
of me a copy in Spanish of your letter. Not knowing what you 
might approve of in the case, I had some objection; on second 
thoughts I considered that the alcalde, having given the courier a 
passport (without which he would not go) for carrying of the let- 
ters both ways, were made public, and people might put a wrong 
construction on our correspondence, I gave it to him with the fol- 
lowing additions. I also considered the letter contained nothing 
of importance to keep secret, and now annex my letter of this 
morning to the alcalde. As you may not have a copy of your letter, 
I send one. My native courier said he was well treated by you — 
that two thousand men could not drive you. In all cases of couriers, 
order your men to have no hints or words with them, as ii is mag- 
nified. This one said a man pointed to a tree and said, "there's 
your life;" he expected to be led to you blindfolded; says you have 
sixty-two men, well armed, &c., &c., &c. 

You will, without thought of expense of trouble, call on me, or 



[75] 



70 



send to me, in every case of need, not only as your consul, but as 
your friend and countryman. 

I am yours, truly, 

THOMAS O. LARKIN. 
Captain J. C. Fremont, 

United States Army. 



No. 50. 

U. S. Ship Savannah, May 31, 1846. 

Sir: I have received such intelligence as, I think, will justify 
my acting upon your order of the 24th of June, and shall sail im- 
mediately to see what can be done. 

Very respectfully, your obedient servant, 

J. D. S., Commodore. 
The Hon. Secretary of the Navy, 

Washington. 

The foregoing is a translation of the original letter received at 
this department, in cypher. 

J. y. MASON. 
Navy Department, January 14, 1848. 



No. 51. 



Flag Ship Savannah, June 6, 1846. 

Sir: Since my No. 50, of the 31st May, I have, uj-on more ma- 
ture reflection, come to the conclusion that your instructions of the 
24th June last, and every subsequent order, will not justify my 
taking possession of any part of California, or any hostile measure 
against Mexico, (notwithstanding their attack upon our troops,) as 
neither party have declared war. I shall, therefore, in conformity 
with those instructions, be careful to avoid any act of aggression 
until I [am] certain one or the other party have done so, or until I 
find that our squadron in the gulf have commenced offensive opera- 
tions, presuming, that as they are in daily communication with the 
department, their proceedings are authorized. 

The want of communication with, and information from, the de- 
partment and our consul, render my situation any thing but plea- 
sant; indeed it is humiliating and mortifying in the extreme, as by 
my order I cannot act, while it appears to the world that we are 
actually at war on the other coast. 

Three of the sloops are on the coast of California, whence I shall 
proceed, leaving the Warren here to bring intelligence. The Shark 
is at Columbia river. 

Most respectfully, I am your very obedient servant, 

J. D. SLOAT, 

Commodore. 
To the Hon. Secretary of the Navy, 

Washington. 



71 [ 75 ] 

The foregoing is a translation of the original letter received at 
this department, in cypher. 

J. Y. MASON. 
Navy Department, January 11, 1848. 



U. S. Navy Department, 

Washington, August 13, 1846. 

Commodore: The department has received your letter. No, 51, 
of June 6, from which it appears, that while you were aware of the 
existence "of actual war" between the United States and Mexico, 
you remained in a state of inactivity, and did not carry out the 
instructions of June 24, 1845, framed to be executed even in the 
event of the mere declaration of war, much more in the event of 
actual hostilities. Those instructions you were ordered to carry 
out " at once." 

In my letter of August 5, 1815, the receipt of which you ac- 
knowledged on the 28th January, 1846, referring to them, I said: 
" 7ri the event of war, you will obey the instructions recently ad- 
dressed to you via Panama." In my letter of October 17, 1845, of 
which you acknowledge the receipt on the 17th of March, 1846, 
referring to these instructions once more, I said further: "In the 
event of actual hostilities between the Mexican government and 
our own, you will so dispose of your whole force as to carry out 
most effectually the objects specified in the instructions forwarded 
to you from the department, in view of such a contingency." And 
surely there is no ambiguity in this language. 

And in my letter of 23d of February last, sent through Mexico, 
I remarked, "This letter is sent to you overland, enclosed, as you 
suggest, to Messrs. Mott, Talbot & Co., Mazatlan, : nd you will 
readily understand the reserve with which it is written." 

The department, on August 5, 1845, had also to'-d you "that your 
force should not be weakened while hostilities are threatened by 
Mexico." Your course was particularly approved in detaining the 
frigate Constitution. 

The department will hope that a more urgent necessity than as 
yet appears, existed for the otherwise premature return of that 

vessel. 

The department willingly believes in the purity of your inten- 
tions. But your anxiety not to do wrong has led you into a most 
unfortunate and unwarranted inactivity. 

Yery respectfully, yours, 

^ GEORGE BANCROFT. 

Commodore John D. Sloat, 

Comrtianding U. S. naval forces in the Pacific Ocean. 

The foregoing is a copy of the original letter transmitted to 
Commodore Sloat, by the hands of Commander Nicholson, in Au- 
gust, 1846, and returned by the latter officer to the department on 
the 12th November, 1846, in accordance with the instructions ot 



[75] 



72 



the Secretary of thfi Navy, dated 3t] September, 1846, Commodore 
Sloat having returned to the United States. 

J. Y. MASON. 
Navy Department, January l^y 1848. 



United States Navy DepapvTment, 

Washington^ August 13, 1846. 

Commodore: Your letter numbered 48, of the 6th of May last, 
has .been received. 

As you state " that your health is declining very rapidly, and is 
becoming very precarious," and for other reasons, you are hereby 
relieved from the c:)mmand of the Pacific squadron. If Commo- 
dore Biddle is on the station, he will retain the command until fur- 
ther orders. If he is not there. Commodore Stockton will assume 
the command, until Commodore Biddle shall arrive. If neither 
Commodore Biddle nor Commodore Stockton is there, the oldest 
officer will assume it, until one or the other shall make his appear- 
ance. 

You will transfer all the orders and instructions from the de- 
partment, which remain unexecuted, to the officer who may assume 
the command. 

If you are still on board the Savannah, Commander Nicholson 
•will take the command of that frigate. You will return to the 
United States as a passenger in the first public vessel; or, since 
none is likely to be despatched soon, you may return in a private 
ship. The necessary cost of your passage home will be deirayed 
by the department. 

The department sincerely hopes that your release from the cares 
of command will secure to you early and entire restoration of 
health. 

Very respectfully, 

GEORGE BANCROFT. 

Commodore John D. Sloat, 

Commanding Pacific Squadron. 

The foregoing is a copy of the original letter transmitted to 
Commodore Sloat,' by the hands of Commander Nicholson, in 
August, 1846, and returned by the latter officer to the department 
on the 12th November, 1846, in accordance with the instructions 
of the Secretary of the Navy, dated 3d September, 1846; Commo- 
dore Sloat having returned to the United States. 

J. Y. MASON. 
Navy Department, 
January 14, 1848. 



73 [ 75 ] 

Extracts from Commodore Sloat^s despatches to the Secretary of 
the JSTavy, communicated to both Houses of Congress by the Presi- 
dent^ and printed with the annual message, session 1846-'47. 

Flag Ship Savannah, 

Monterey, July 6, 1847. 

Sir: Since I wrote you last evening, I have determined to hoist 
the flag of the United States at this place to-morrow, as I would 
prefer being sacrificed for doing too much than too little. * * 

If you consider that you have sufficient force, or if Fremont will 
join you, you will hoist the flag of the United States at Yerba 
Buena, or any other proper place, and take possession, in the name 

of the United States, of the fort, and that portion of the country. 

****** 

I am very anxious to know if Captain Fremont will co-operate 
with us. Mr. Larkin is writing to hiia by the launch, and you will 
please put him in possession of this letter as soon as possible. I 
have no time to write more at present. 

Very respectfully, your obedient servant, &c., 

JOHN D. SLOAT, 

Commander-in-chief, ^c. 
Commander J. B. Montgomery, 

U. S. Ship Portsmouth, San Francisco. 



Flag Ship Savannah, 
Bay of Monterey, July 9, 1846. 

Sir: You will, no doubt, have received the information before 
this, that I have hoisted the flag of the United States at this place, 
on the 7th instant; as yet all is quiet and no resis:ance of any kind 
has been made. 

I immediately sent to General Castro a copy of my proclamation 
to the inhabitant's of California, and a summ.ons to surrender forth- 
with to the American arms the forts, military posts, and stations, 
under his command, together with all troops, arms, munitions of 
war, and public property of every description under his control 
and jurisdiction, with an invitation for him to meet me immedi- 
ately at this place to enter into articles of capitulation, that him- 
self, officers, soldiers, and the inhabitants of California, .may re- 
ceive assurances of perfect safety to themselves and property. 

I have this moment learned by an Englishman just arrived from 
General Castro, at the Pueblo, that General Castro was probably 
at St. John's last evening, and that you would probably be at Ihe 
Pueblo at the same time. 

I have not as yet received any communication from General Cas- 
tro. It is thought he will be in to-morrow, or send some commu- 
nication. This Englishman says that when the general lead my 
proclamation to his troops, he expressed his approbation of it; if 
he is wise, he will make no resjstance. 

I have here the frigate Savannah, of fifty-four guns, the sloop- 
of-war, Cyane and Levant, of twenty-four guns each, armed with 



[75] 



74 



32-pounder long guns, 68-pouncler shell guns, and 42-pounder car- 
ronades, with a large complement of men, and am every moment 
in expectation of the arrival of the frigate Congress, with sixty 
32-pounder long guns, at this place, and the sloop Erie with long 
18's at San Francisco. I have not .anded a large force, to prevent 
any unnecessary alarm to the people of the. town, but can in ten 
minutes put my whole force on shore. I am extremely anxious to 
see you at your earliest convenience; and should General Castro 
consent to enter into a capitulation, it is of the utmost importance 
that you should be present. I hope, therefore, that you will push 
on with all possible despatch, or, at any rate, let me hear from you 
immediately. 

Captain Montgomery sent his launch down, which I despatched 
on the 6th, informing him that I should take possession of this 
place on the next day in the name of the United States, and sent 
him a copy of foy summons and proclamation, and also orders to take 
possession of Yerba Buena and the bay of San Francisco immedi- 
ately, requesting him to inform you of these facts without delay, 
I have also sent him three couriers with the same orders, (in cy- 
pher,) which I have no doubt have reached him, and am confident 
Ihe flag of the United States is at this time flying there. 

Although I am in expectation of seeing General Castro, to ent6r 
into satisfactory terms with him, there may be a necessity of one 
hundred men, well mounted, who are accustomed to riding, to form 
to prevent any further robbing of the farmers' houses, &c., by the 
Indians. I request you to bring in as many men up to that num- 
ber with you, or send them on under charge of a trusty person, in 
case you may be delayed for a day or two. Should you find any 
government horses on the road, please bring them in. 
Very respectfully, your obedient servant, 

JOHN D. SLOAT, 
Commander-in-chief of the U. S. naval forces 

^ in the Pacific ocean^ §'C. 

Captain J. C. Fremont. 



Flag Ship Savannah, 
Bay of Monterey, July 12, 1846, 

Sir: I have one hundred marines and two hundred men on shore, 
well armed, and also two 18-pounder carronades, mounted for 
field-pieces, and can land the remainder of my force in a few min- 
utes, if necessary. By the best information I can obtain, Fremont, 
was at the Pueblo (of St. Joseph) the day before yesterday, and 
probably at St. John's yesterday. I sent a letter to him two days 
since, by express, and yesterday a message by an American who 
was on his way to Yerba Buena, who promised to see him; he has 
also a message for you; therefore I am in momentary expectation 
of hearing from him. Castro buried two field-pieces, with their 
shot, at St. John's, and is flying before Fremont, 



75 [ 75 ] 

I have information from the Pueblo (of St. Joseph) that yester- 
day forty foreigners in that town wanted to hoist our flag, but had 
no bunting. I shall send them some the first opportunity, and 
shall direct them to organise themselves into a company of cavalry, 
choose their own officers, for the protection of their own property 
against marauders and the Indians, and then report to me. When 
organised and reported they will be mustered into service and re- 
ceive instructions from me. * * * * * 
Very respectfully, your obedient servant, 

JOHN D. SLOAT, 

Comrnander-in-ehief^ 4'C. 
Commandant J. B. Montgomery, 

U. S. ship Portsmouth^ hay of San Francisco. 



On the 15th of November last, from information received of the 
sickness of my family in San Francisco, where they had gone to 
escape the expected revolutionary troubles in Monterey, and from 
letters from Capta'n Montgomery requesting my presence, respect- 
ing some stores for the Portsmouth, I, with one servant, left Mon- 
terey for San Francisco, knowing that for one month no Californian 
forces had been within 100 miles of u&. That night I put up at the 
house of Don Joaquin Gomez, sending my sei*V'ant to San Juan, six 
miles beyond, to request Mr. J. Thompson to wait for me, as he 
was on the road for San Francisco. About midnight I was aroused 
from my bed by the noise made by ten Californians (unshaved and 
unwashed for months, being in the mountains,) rushing into my 
chamber with guns, swords, pistc^s, and torches in their hands. I 
needed but a moment to be fully awake and know my exact situa- 
tion; the first cry was " Como estamos Senor ConsuH" " Vamos 

Senor Larkin." 

*■ * * * * * 

At daylight we started, with a flag flying and a drum beating, 
and travelled eight or ten miles, when we camped in a low valley 
or hollow, there they caught, with the laso, three or four head of 
eattle belonging to the nearest rancho, and breakfasted. The whole 
day their out riders rode in every direction, on the lookout to see 
if the American company left the mission of San Juan, or Lieuten- 
ant Colonel Fremont left Monterey, they also rode to all the neigh- 
boring ranchos, and forced the rancheros to join them. At one 
o'clock they began their march, with 130 men and 200 or 300 extra 
hofses; they marched in four single files, occupying four positions, 
myself, under charge of an officer and five or six men, in the cen- 
ter. • 

****** 

Ten miles south of the mission they encountered eight or ten 
Americans, a part of whom retreated in a low ground covered \^ith 
oaks, the others returned to the house of Senor Gomez, to alarm 
their companions. For over one hour the 130 Californians sur- 
rounded the 6 or 8 Americans, occasionally giving and receiving 



[75] 



76 



shots; during this period I was several times requested, then com- 
manded to go among the oaks and bring out my countrymen, and 
offer them their lives on giving up their rifles and persons. I at 
last offered to go and call them out, on condition that they should 
return to San Juan or go to Monterey, with their arms; this being 
refused, I told the commandante to go in and bring them out him- 
self,* while they were consulting how this could be done, 50 Ame- 
ricans came down on them, which caused an action of about 20 or 
30 minutes; 30 or 40 of the natives leaving the field, at the first fire, 
they remained drawn off by fives and tens until the Americans had 
the field to themselves; both parties remained within a mile of each 
other until dark. Our countrymen lost Captain Burrows, of St. 
Louis, Missouri, Captain Forster, and 2 others, with 2 or 3 wound- 
ed. The Californians lost two of their countrymen, and Jose Gar- 
cia, of Val. Chili, with seven wounded. 

* * * * * * 

On the 3d or 4th of January, news reached the Pueblo that Colo- 
nel Fremont was south of Santa Barbara, marching to meet the 
Calilornian forces. The latter then mustered all they could, to 
the number of 400 to 500, and encamped two or three days at the 
mission of San Fernando, awaiting the arrival of the riflemen, and 
appeared very anxious to have a fight. Information now reached 
General Flores that Gommodore Stockton, with 600 men from San 
Diego, would soon be in his vicinity. He immediately ordered all 
the Mexicans and Californians to leave San Fernando and march to 
the opposite side of the Pueblo to meet the marine forces. 



On the 13th January, the capitulation of Cowenga was signed. 

•tP * •?& ^ "Jf * 

The war in California is now over, as far as the Californians are 
concerned, and if their manners and customs are tolerated, and com- 
mon protection afforded them, they will gradually fall into the new 
order of aflfairs. They have had, in different parts, nine hundred 
men under arms, every man wiih good horses and a lance, most of 
them with swords, pistols, rifles, or carbines, every one of them 
countrymen, to aid them either by choice or force; a perfect know- 
ledge of every hill and valley, and an utter contempt for foreign 
infantry, especially " seamen;" yet they did not succeed, and have 
found their losses in horses and waste of time so great as to 
prefer peace for the future, under a guarantee of good treatment. 

* When an officer crept on his hands and knees in the grass to have a fair view, and re- 
ceived a ball in his body, and was carried otf on a horse by a companion. 



T7 



[75] 



Original, in the Spanish language, of the papers in relation to the 
Macnamara grant, referred to in Colonel FremonVs deposition. 



Yo, Eugenio Macnamara, Sacerdote Catolico, y mislonero apos- 
tolico, me torao la Iibertad cle someter a V. E. unas cuantas re- 
flexiones, sobre un asunto que en el dia llama mucho la atencion 
publica. Aludo a las esperanzas y estado actual de la alta Cali- 
fornia. 

No SB necesita el don de la profecia para preveer que dentro de 
poco ese pais fertil dejara de ser una parte integra de esta repub- 
lica, si algunas prontas y fficaces medidas no se adoptan para rep- 
rimir la rapacidad estrangera; la cuestion que se presenta Juego es 
I cuales son los medios mas breves y seguros de evitar semejantes 

calamidades'J La voz unanima del pais respondera — colonizacion 

la segunda cuestion es en donde encontrar los colonos que posean 
todas las cualidades necesarios para un objetotan deseado — cierta- 
mente no en Mejico — ni tampoco in ninguna de sus dependencias 
cuyas poblaciones estan muy escasas; tenemos pues naturalmente 
que ocurrir a la Europa que abunda con una demasia de pablacion 
I Que pueblo de este antiguo continente esta mejor dispuesto 
para los fines de la colonizacion — mejor atlaptada a la religion 
caracter, y temperamento de los habitantes de Mejico? enfatica- 
mente respondo que los Irlandeses — los Irlandeses son Catolicos 
devotos, de luoralidad, industriosos^sobrios, y valientes. 

Por lo mi^mo yo propondria con la ayuda y aprobacion de V. E, 
para llevar adelante el citado proyecto — situar en la alta California 
mna colonia de Irlandeses Catolicos — Tengo un triple objeto al 
hacer esta prepuesta, quisiera en primer lugar avanzar la causa del 
Catolicismo, en segundo contribuir a la fehcidad de mis compatri- 
otas, y en tercero, deseo poner un impediraento a mas usurpaciones 
por parte de una nacion irreligiosa y anti — Catolica — propongo en 
seguida a V. E. que se me conceda un territorio extenso sobre las 
cosias de mar de la alta California p^ra el objeto ya indicado. 

Prefereria con el permiso de V. E. situar los primeros colonos en 
la bahia de San Francisco. V. E. conviendra conmigo en que esta 
medida es conveniente, cuando reflexiona que los Americanos tienen 
posesion de la Bodega, un puerto abandonado de los Rusos, situado 
un poco al norte de San Francisco. 

Traeria para principiar 1,000 familias, despnes si le parecia bien, 
a V. E. una segunda colonia pudiera establecerse cerca de Monte- 
rey — y una tercera en Santa Barbara — de este modo la costa entera 
(por donde se espera mas peligro) quedaria coippletamente asegu- 
rada contra las invasiones, y pillages de estrangeros. Por cada 
familia que trajera necesitaria el terreno que compone un "sitio de 
ganado mayor," esjo se le dara libre de toda costa, tambien que los 



J 



[75] 



78 



hijos de los colonos cuando se casan, ban de recibir un medio sitio 
3e ganado mayor, come un don nacional, 

Exigeria tambien una exencion del pago de todas clases de con- 
tribuciones, por un cierto numero de aiios; que los colonos al lomar 
posesion de sus tierrasse consideraian bajo protection del gobiernOj 
y disfrutaran de todos sus dereehos. 

Hay otras materias de menor importancia que no toco por abora, 
pudiendose ser discutidas con mas ventaja despnes. 

Tengo la satisfacion de poder decir que estas propuestas ban 
merecido la mas llena aprobacion del Illmo. Sr. Arzobispo, vener- 
able jefe de la Iglesia en este pais. 

Este projecto, que tengo el bonor de proponer a V. E. debe 
efectionarse bajo un pie extenso y liberal, para poder ser positiva- 
mente benefico a este pais. 

Asi en pocas palabras he manifestado mi opinion sobre este ira- 
portante asunto, be presentado unas cuantas ideas, las que si se 
llevan a efecto generosamente pueden proporcionai' la felicidad a 
muchos, y sequisimamente tenderan a la consolidacion y intugridad 
de este grande republica. 

Tengo el bonor de ser de su excelencia su muy respetuoso y 
obediente servidor, 

EUGENIO MACNAMARA. 

Al Exmo. Seiior Presidente, 

de la Republica de Mejico. 



B. 

Al Exmo. Sr. Presidente de la Republica Mejicana. 

Por la ultima irresolucion del supremo Gobierno, para entrar in- 
mediatarnente en la cuestion de establecer una colonia Irlandesa en 
California, aparece que la principal y una objecion para dar cum- 
plimiento a esta empresa,'es, la dificultad de poder conseguir les 
medios pecuniarios suficientes para pagar los gastos de transpor- 
tar los colonos al punto de su destine j esta objecion parece 
bastante bienfundada, pero soy de parecer, que puedo demostrar a 
V. E. en pocas palabras, que esto es muy facil de llevar a cabo, 
maxime quando este objeto se puede realizar sin que el gobier-no 
se vea precisado a gastar un solo peso. 

Ruego a V. E. se sirva tener en consideracion lo que adelante 
expongo y creo suficiente para obtener los fundos que pueden 
necesitarse para el transporto de los colonos. 

En prim-er lugar bay en mi pais muchos padres de familia que 
despues de vender el poco terreno que poseen, ganados, muebles, 
etc.; pweden sacar libres de 200 a 300 pesos, con cuya suma ten- 
dran casi lo suficiente para cubrir los gastos de su viaje, y de sus 
familias, pero como es preciso traer otras mucbas familias, que 
eareeen de recursos para pagar los gastos de su transporte, tales 



79 [ 75 ] 

como, Presbyteros, cirujanos, artesanos, muchachas, &,c.j se hace 
precisamente necesario conseguir fondos para el efecto, y soy de 
parecer, que si el supremo gobierno me asignase en California una 
porcion de terreno suficiente para poder la hipotecar, creo podria 
obtener fondos en mi pais sobre dicho terreno. 

Creo en segundo lugar que el supremo gobierno convendria en 
cedarme por cierto periodo de tiempo para el uso de los colonos, 
los derechcs de importacion del puerto de San Francisco; esta 
ultima propuesta seme puede conceder con mucha mas facilidad por 
cuanto a que el supremo gobierno, no percibe mucbo beneficio de 
los derechos de importacion de este puerto. 

De este modo creo haber demostrado al Exmo. Sor. Presidente en 
pocas palabras recursos faciles de realizar y con los cuaies se pue- 
den poner a un lado todas las objeciones que se presentan, como 
he demostrado al principio, sin que el gobierno se vea precisado a 
hacer ningun gasto. 

Ademas me dispensara, V. E. que. me tome la libertad de demos- 
trar que no se debe perder tiempo en este importante negocio, si 
se desea realizar, pues conoce V. E. demasiado bien, que estamos 
rodeado^ de un enemigo astuto y vil, quien no pierde medio alguno 
por bajo que sea, para apoderarse de los mejores terrenos de este 
pais, y quien odia a muerte su raza y religion. % 

Si los medios que yo propongo no se adoptan prontamente, puede 
V. E. estar seguro que antes de un ano las Californias formaran 
una parte de la Union Americana. Sus subditos Catolicos seran la 
presa de los lobos metodistos, y todo el pais se inundara de estos 
crueles invasores; por lo tanto propongo medios de repelerlos, y 
mis propuestos deberian ser tanto mas admisibles, por cuanto a que 
no tengo ningun interes pervsonal en el negocio, salvo el progreso 
de la santa religion de Dios, y la felicidad de mis compatriotas^ 

En cuanto a H fidelidad y adhesion de estos al gobierno Meji- 
cano, yo respondo con mi vida, y como se puede traer un numero 
suficiente de colonos (por lo menos 10,000hombres) soy de opinion 
y puedo asegurar con certeza que este numero seria suficiente para 
repeler a un mismo tiempo las secretas intrigas y ataques abiertos 
de los usurpadores Americanos. 

Tengo el honor de ser de su excelencia, su my respetuoso y 
obediente servidor, 

EUGENIO MACNAMARA, 
Miss, Apos. 



MiNisTERio DE Relationes Exteriores, Gobernacion. y Policia. 

Mexico^ Enero 19 de 1846. 

Oido el dictamen del consejo en el projeclo de colonizacion en 
Californias presentado por V. al supremo Gobierno, este, de 
acuerdo con la opinion de aquel cuerpo ha acordado que enatencion 



[75] 



80 



a la necesidad que hay de derogar algunas disposiciones vigentes 
sobre la materia y otras concesiones propias del legislador, se de 
cuenta con el espediente a las Camaras. 

Y lo digo a vm. para su conocimiento, advirtiendole, que se hara 
asi, oportunamente. Dios y libertad. 

CASTILLO LAUZAS. 
M. R. Padre Eugenio Macnamara, 

Misionero Apostolico. 



Santa Barbara, a \o de Julioj de 1846. 

ExMO, Senor Gobernador: Eugenio Macnamara, originario de 
Irlanda, Sacerdote Catolico y Misionero Apostolico ante V. E. 
respetuosamente manifieste que he llegado a este departamento con 
el objeto de empreuder el establecimiento de una colonia de mis 
compatriotas en el mismo: para cuyo fin he recibido la benigna co- 
operacion del venerable e illustrisimo Arzobispo de Mejico y la 
cordial acogida del supremo gobierno: quienes me ban recomen- 
dado pasara en persona a este departamento, para elegir uij terrene 
adaptado al objeto espresado, manrfestar a V. E. mi proyecto de 
colonisacion y correr los tramites de estilo. Tengo el honor en 
efecto de presentar a V. E. mi plan que es en substancia el 
siguiente. 

Me comprometo con este Gobierno a introducir a este departa- 
mento a la brevedad posible, dos mil familias de Irlandeses, Cato- 
licos industriosos y sobrios cuyo num.ro total ascenderan a diez 
mil almas quienes tan luego como lleguen se consideraran obli- 
gados a someterse a las lej^es establecidas; y a prestar sus servi- 
ci(ft al legitime gobierno en defensa de Californias contra toda 
clase de enemigos que la invadiesen, mantener la paz interior, y 
en fin dcdicar sus esfuerzos al adelantamiento y prosperidad de este 
pais. 

Solicito pues a V. E. se sirve de adjudlcarme en propiedad el 
terreno situado entre el Rio de San Joaquin desde su manantial 
hasta su desembocadura y la sierra Nevada: siendo limites el Rio 
de Cosomnes por la parte del norte, y por el sur, la extremidad de 
los tulares en la inmediacion de San Gabriel. 

Suplico a V. E. se sirva de mirar propicia mi propuesta y de 
mandar proveer como llevo pedido, que indudablemente tendar^ 
a la felicidad de California; y en gran manera, a llenar mis ardi- 
entes deseos de propagar la santa religion que profesamos y al 
mismo tiempo ser util a mis compatriotas. 

EUGENIO MACNAMARA, {Miss. Apos.) 

Pase a la E. Assemblea Departamental para que se sirva dar su 
dictamen sobre lo contenido en este instancia, y en seguida vuelva 
a este gobierno para su ulterior resolucion. 

PICO. 



81 [ 75 ] 

MlXISTERIO DE ReLACIONES ExTERlORES, 

Mexico, 11 de Jigosto de 1845. 

Muy Seilor mio y estimado amigo : El Presbitero irlandes D. 
Eugenio Macnaraara, pasa a ese Departaraento con la expedicion a, 
cargo del Sr. Coronel D. Ignacio Iniestra, y lleba el projecto de 
colonizar con familias irlandesas. 

Entre personas muy respetables que me ban recomendado a este 
eclesiastico, Iq ha hecho muy eficazmente el lilmo. Sr. arzobispo; 
y deseando complacerlos en un negocio que puede ser de utilidad 
para la Republica, lo hago yo a V. encargandole que bien exami- 
nado su projecto informe al Gobierno lo que sele ofrezca para que 
se resuelva lo conveniente, y le facilite V. todo lo que dependa de 
su posivilidad para que le sea agradable su residencia en ese De- 
partamento. 

Me repito de V. su muy afecto amigo y servidor Q. B. S. M. 

LUIS G. CUEVAS. 

Hable V. sobre el projecto con ese Sr. Gobernador para que con 
vista tambien de su informe y de su opinion pueda el Gob. 
acordar lo mas acertado. 

Sr. D. JosE Ma. Hijar, Monterey, {Jilta California.) 



Akgeles, Julio 7 J de 1846. 

ExMO SoR.: Acompano a V. E. copia del dictamen de la comis- 
ion especial aprobado por esta honorable asarablea en sesion extra- 
ordinaria de hoy relativo al projecto de colonisacion presentado a 
V. E. pr. el Senor Presbitero D. Eugenio Macnamara, y pr. el se 
informara q. esta E. Corporacion unisona con los sentimientos man- 
ifestados por V. E. en oficio de 24 de Junio ultimo, presenta su 
sentir espresando el gran deseo que le anima por que le tenga su 
efecto la empresa dicha. 

Tengo el honor de adfuntarlo a V. E. por acuerdo de la H. 
Asamblea y por contestacion a su citada nota, a la vez de reiter- 
arle las mas sinceras consideraciones de mi aprecio. Dios y 
libertad. 

FRAN. FIGUEROA, Presidente. 
NARCISO BOTELLA, Vocal Scro,. 
Exmo. Seilor Goberxador Coxstitucioxal, 

Del Departamento de Californias. 



Pio Picoj Golernador Constitucional 

del Departamento de Californias: 

Por cuanto el Presbitero Don Eugenio Macnamara ha pretendido 
6 



[75] 



82 



para el establecimiento de una colonia de familias Irlandesas, por- 
ciones de terrenos al interior de este Departamento, los que actual- 
mente se hallan baldios, considerando la utilidad que resultara al 
pais con la occupacion de estos puntos hasta hoy diciertos tanto por 
que progresara la agricultura, se fomentara el comercio, las artes, e 
industria y la propagacion de la fe y al mismo tiempo se encuen- 
trara el Departamento seguro de las frecuentes incurciones de los 
Indios barbaros que a cada paso disminuyen la riq^ueza territorial 
por los repetidos robos que cometen y ya porque aumentado el 
numero de poblaciones por familias honradas se conservara la inte- 
gridad c independencia nacional supuesto que, estas seran otros 
tantos ciudadanos Mejicanos, pues bajo tal concepto ingresaran al 
pais; practicadas previamente las diligencias y averiguaciones que 
han sido necesarias segun lo dispuesto por leyes y reglamentos de 
colonizacion, usando de las faeultades que me estan conferidas en 
nombre de la nacion Mejicana y de acuerdo con lo dictaminado por 
la Exma. Asamblea Departamental he venido en conceder para la 
colonizacion a familias Irlandesas las porciones de terrenos que ha 
solicitado el referido Padre Eugenio Macnamara, a reserva de la 
aprovacion del supremo gobierno nacional y bajo las condiciones 
sigui-entes. 

la. Se conceden a la colonia Irlandesa los terrenos baldios que 
se hallan al interior del Departamento fuera de las viente leguas limi- 
trofes, en el Rio de San Joaquin desde su manantial hasta su desem- 
bocadura, y la Sierra Nevada: siendo limites, el Rio de Cosomnes 
por la parte del. Norte, y por el sur la extremidad de las Fulares 
en la inmediacion de San Gabriel; dentro de los cuales podran es- 
tablecerse las familias que la compongan y formar sus poblaciones, 
que seran bien ordenadas; en el concepto de que aun que tienen 
libertad para cercar los que a cada una se le sefiale sera sin perjudi- 
car las travesias, caminos y servidumbres. 

2a. Las familias que se establescan disfrutaran de los terrenos 
que se les senale libre y ecclusivamente destinandolos al uso 6 cul- 
tivo que les acomode; pero de ninguna manera podran estas por si, 
i)i la colonia en cuerpo enagenar de voluntad propia a ninguna na- 
cion extrangera ni pasar a otro dominio por liypoteca ni cualquiera 
otro pretexto sin que a ello convenga la nrijion Mejicana. 

3a. En las poblaciones que dichos colonos establescan se podran 
arecindar si sobrasen terrenos en ellas, cualesquiera de los ciudada- 
nos y familias residentes en el Departamento, 6 otros aquienes por 
tener los requisites prescriptos por las leyes les sea permitido legal- 
mente su establecimiento; teniendo estos accion de ser considerados 
con goces en los privilegios que a las respectiVas municipalidades 
se les concedan en los terrenos de egidos y propios que se seiialan 
a cada poblacion. 

4a. Debiendo ser el numero de tres mil familias las que compon- 
gan la colonia, se adjudicara unicaraente a cada una un solo sitio 
de ganada mayor en el terreno precitado, y si estos uo alcansaren 
se sugetaran a los que halla. Si viniesen menos de las tres mil 
familias, todo el terreno sobrante entre estos linderos quedara a 



83 [ 75 ] 

beneficio de la nacion, y en el cual podran avecindarse familias 
Mejicanas. 

En consecuencia mando, que teniendose el presente titulo por 
firme y valedero se tome razon de el en el libro a que corresponda 
y se entregue al interezado para su resguardo y demas fines. Dado 
en Santa Barbara, en papel comun por no haber sellado, a los cuatro 
dias del mes de Julio del Ano de mil ochocientos cuarenta y seis. 

Firmado. Pio Pico:* 

JOSE .MARIAS MORENO, 

Secretario Interino. 

Queda tomada razon de este superior despacho en el libro respec- 
tiro. 

MORENO. 



LIBRftRY OF CONGRESS 



017 137 959 3 



LIBRARY OF CONGRESS 



017 137 959 3 



